By Col Rufus H. Lane - Originally Published June 1922
At the time of the establishment of the military government there were seven executive departments for the transaction of the governmental business of the Republic of Santo Domingo as follows : Foreign Relations, Finance and Commerce, War and Marine, Interior and Police, Agriculture and Immigration, Public Works and Communication, and Justice and Public Instruction. Officers of the Navy and Marine Corps were detailed to administer the affairs of these departments, each having two under his cognizance, except in the case of the officer assigned to the Department of Finance and Commerce. Soon after the establishment of the military government, the Department of War and Marine was merged with that of Interior and Police. All of the army of the Republic had been disbanded, and there remained in the marine service but one decrepit gunboat, a few light patrol boats, known as guardias costas, and a small, run-down navy yard. The theory of this merger was that in the absence of a department for the conduct of hostilities, the thoughts of the Dominicans might be diverted from warlike measures to peaceful pursuits, and become purified and refined in the interests of peace and harmony. At a later date an additional department was created, under the title of Sanitation and Public Benefits, which took over a phase of work that had before been under the jurisdiction of the Department of Interior and Police. A medical officer of the Navy was appointed to organize and direct the functions of the new department.
The Department of Foreign Relations had, as its name indicates, charge of the foreign relations of the Republic, which were continued after the establishment of the military government. The necessity of foreign representation decreased somewhat after the occupation, and the numbers of diplomatic and consular officials were reduced. However, this function of the department was continued on the same principle as before the occupation. The department supervised the diplomatic and consular representatives of the government sent to foreign countries, and it received the diplomatic representatives of other countries and issued exequaturs for the consuls of such countries. It also issued passports to Dominican citizens who desired to travel abroad. A provision of the most recent constitution of the country had abolished the use of passports for travel within the country, but under the conditions of the World War it became practically impossible for anybody to travel without the benefit of identification by the use of them, and therefore they were issued as a matter of accommodation to those Dominican citizens who desired them. While by the law and the constitution no passport was necessary for leaving the dominions, the provost marshal and the military intelligence officer were inclined to require their production for purposes of identification.
The Department of Foreign Relations carried on the correspondence which related to the interests of foreigners resident within the limits of Santo Domingo. The task of interpreting the military government to foreign governments was no enviable one, and caused no small difficulties. Every foreigner who was adversely affected by the establishment of the military government challenged its right of existence. On the whole, it was generally conceded that foreigners were benefited by the presence of the military government, inasmuch as the conditions of peace and good order were very much improved. However, it had long been the custom for every foreigner to take advantage of any circumstance that could possibly be considered as disadvantageous to him in a material, social or spiritual way, as the basis of a money claim for damages against the Dominican government. Due to this practice, enormous claims had accumulated, and because of the fact that the government had been very dilatory in satisfying them, the amounts in money were multiplied not only in strict proportion to the estimated difficulty of collection, but also in inverse proportion to the real gravity of the case, for the purpose of focusing attention which might not otherwise be attracted. Each of the foreign claimants endeavored to circumvent the courts and governmental officials in his own interest, and by long practice all had become adept in the matter of magnifying their merits and the alleged damages which they had suffered. An incident illustrative of the practice occurred in the village of Duarte, on the opposite side of the Ozama River from Santo Domingo, in October, 1916. A patrol had been ambushed there, and Captain W. W. Low and a first sergeant, had been killed, and others wounded. A landing party crossed the river and swept through the village, which had been a harbor for insurrectos and criminals, whose insolence to and defiance of the American authorities had aroused considerable feeling on the part of the men. After affairs had somewhat settled down, each dweller in the village who could by any stretch of the imagination claim foreign citizenship, submitted, apparently according to an accepted practice, a claim against the government for damages. Tiny stores which could not by any possibility have contained more than a few dollars' worth of stock were represented as having sustained loss of merchandise and money amounting to thousands of dollars. These particular claims, which were against the United States instead of against Santo Domingo, were formally and ponderously investigated by boards of officers, and voluminous reports were forwarded to Washington, after which they were not again heard of, the United States apparently imitating the practice of Santo Domingo. These huge reports suffered the same fate as man, who sinks into the depths of the sea, "with bubbling groan, without a grave, unknelled, uncoffined and unknown."
On the other hand, the Department of Foreign Relations had the equally unpleasant task of interpreting foreigners to the military authorities, who were inclined to be somewhat arbitrary and to apply military principles and discipline to the civilian population at large. This appeared to be feasible so far as Dominican citizens were concerned, in view of the fact that there were no diplomatic representatives, with active governments in support to speak for them, but it was otherwise in the case of foreigners who considered themselves as exceptions to the military and civil rules, and demanded the treatment to which they considered themselves entitled as citizens or subjects of sovereign states. Conduct which appeared to be unmilitary and insubordinate on the part of foreigners who were, as a rule, of the same color as the natives, and practically indistinguishable from them by reason of standing or education, was irritating to the military forces. The Department of Foreign Relations was under the necessity of making a specialty of the adjustment of these matters, and therefore had more clearly in mind the rights to which foreigners were entitled under international law, and the undesirable consequences which might arise if the interests of these foreigners were taken up by their own governments with Washington.
The entrance of the United States into the World War still further complicated the anomalous position of the military government. The American naval and marine officers who were occupying the controlling positions in the government of the Republic of Santo Domingo were belligerents under the rules of international law, and were obliged to treat all things German as enemy concerns. On the other hand, the Republic of Santo Domingo and its people were neutral and were entitled to all of the exemptions pertaining to that status. Nevertheless, on the entrance of the United States into the war, Washington ordered the dismissal of German and allied diplomatic and consular officials in Santo Domingo. Strenuous objections were made by diplomatic representatives to the internment of Germans, and to other restrictions placed upon the movements of the nationals of that country. It was the desire apparently in each case to hold the government of the Republic of Santo Domingo responsible for the acts which were considered to be inconsistent with the obligations of a neutral government, which Santo Domingo was represented to be. Demand was made that the Dominican government take up these matters and protect the rights or alleged rights of the Germans. Reply was made that the internment of German subjects and other acts alleged to be unneutral were not directed by the government of Santo Domingo, but emanated from the American officials, solely in their capacity as such, and that the United States only was responsible. The rejoinder was that the Republic of Santo Domingo was or should be sovereign within its own territory, and therefore was responsible for all acts committed therein; that if unneutral acts were being perpetrated in its territory, it was the duty of the Republic as a sovereign state to take such steps as might be necessary to suppress them. The issue of the existence of two independent sovereignties in the same territory at the same time was raised in this way, and was difficult to meet.
A study of the incidents seemed to indicate that the German government might hold Santo Domingo responsible for all of the alleged unneutral acts, and at a favorable time demand reparations. The military government had the task of protecting the future government of Santo Domingo from such penalties and of lodging plainly and definitely the responsibility where it belonged, that is, on the shoulders of the United States government itself. There was grave reason to apprehend that had Germany been victorious in the war, her hand would have fallen heavily on Santo Domingo, and the alleged acts might have formed the basis of an occupation or annexation of Santo Domingo to the German Empire.
An attempt was made by the military governor to settle the longstanding dispute between Santo Domingo and Haiti over the question of the boundary between the two countries. The history of the boundary dispute is complex. When reduced to its elements it will be found that the Dominicans demand the boundary as established by the Treaty of Aranjeuz, in 1777, between Spain and France, which was very clearly marked by monuments and can easily be traced to this day. The Haitians, however, had occupied a large area on the Dominican side, which if yielded by them would transfer to Dominican sovereignty a large Haitian population which had been subject to the Republic of Haiti for a century or more. The Haitian claim is based upon the principle of uti possidetis (as you possess) at the time of the separation of Santo Domingo from Haiti after the occupation, which was continuous for more than twenty years, and which was terminated only in about 1844. There is, however, no exact date which can be used as a basis for the determination of this boundary, the Dominicans considering that their separation from Haiti dated from 1844, whereas the fact of separation was not formally recognized by Haiti until about 1874. In the meantime there had been a constant drift of Haitian population across the border and settlement upon territory claimed by Santo Domingo, which, considered in connection with the additional fact that there never had been any precise data sufficient to fix location of the actual boundary at any particular time, will indicate the present difficulties of establishing the boundary on the basis of the Haitian contention. The Haitian population is about twice that of the Dominican population, its territory is about one-half the area, and therefore the density of population of Haiti is about four times that of Santo Domingo. The result is a constant drift of Haitian people into Santo Domingo, the territory of which is comparatively unpopulated, and a gradual advancement of the boundary of the territory held by Haitians under claim of actual possession. The actual boundary is thus gradually drifting to the eastward, and under that condition it is in the material interest of Haiti to postpone the decision indefinitely, with the object of increasing its territory by accretion from year to year, at the expense of Santo Domingo. Apparently the policy of Haiti has been based upon this state of affairs, as the whole of its diplomacy on the boundary issue is one of evasion and delay.
The history of the negotiations on the boundary dispute is dramatic, although in some parts it lacks novelty by reason of repetition. The struggle for advantage and the loud assertions of virtue and elevated purpose on each side are the dominant notes, with counter charges of bribery and corruption as the refrain. There is no doubt that one of the treaties in the archives of Santo Domingo was altered to the advantage of the Haitians as the most cursory examination of the original document proves. The charges in regard to its alteration are precise in naming the man who was Minister of Foreign Relations of Santo Domingo at the time, as being responsible for the change, and as the recipient of the Haitian reward, together with the amount in money which was the price for his betrayal of his country's interests.
The Department of Foreign Relations was unique in showing a reduced expenditure under the military government. Each year its budget decreased, while at the same time the budgets of the other departments grew with rapidity. This reduction was accomplished by the decrease of the number of representatives abroad and by the general elimination of sinecures so far as practicable. The diplomatic and consular positions had been considered by the politicians of Santo Domingo as spoils, which were normally to be divided among them and the military leaders in the interests of the dominant party, or rather chief, the two terms being in Santo Domingo, for practical purposes synonymous. There was one disadvantage in occupying a diplomatic or consular position which was, that when the incumbent was obliged to leave the country for a foreign post, he was somewhat handicapped in keeping up his political fences. Being absent, and the clamor of politicians on the spot for position being insistent, the executive power often yielded to the more immediate and present demand and appointed a person on the spot to the office of the absent one. This resulted in a practice which grew to considerable proportions, that of obtaining appointment to a foreign post and remaining within the country with the object of preventing ouster, induced by clamor around the throne. This practice was the more readily adopted as it enabled the incumbent to enjoy the emoluments of the office without the difficulty, inconvenience and expense of transposing himself and his family to a foreign city and without the onerous assumption of official responsibility and labor. This practice was facilitated also by the fact, that the duties of the foreign representatives, except those of the minister at Washington, the consul at New York and the consul at San Juan, Porto Rico, were very slight. There was no embarrassment to the government if the duties were neglected, or not performed at all, especially as the diplomatic or consular agent was apt to make more trouble for his superiors by busying himself with official matters than if he allowed them to slumber in oblivion. It was the duty of the military government to put a stop to these practices, the cessation of which permitted considerable economy.
The Department of Finance and Commerce had cognizance of receipts from the customs duties, the collection of the internal revenue, disbursement of funds for the expenses of the government, the purchase and issue of supplies for the various departments of the government, port regulations, regulations concerning commerce, and consideration of modifications of customs duties, custody of public property, and audit of public accounts.
The receivership was established under the treaty with the United States ratified in 1907, and was charged with the actual collection of customs duties. The headquarters office was in Santo Domingo and branch offices were in charge of customs houses in various ports of entry of the country. The receivership was allowed a certain percentage of its collections for its own expenses, and the remainder of the receipts were applied, according to fixed rules, to the payment of the public debt and the remainder to the Dominican government for its operating expenses. The head of the receivership was responsible to the Bureau of Insular Affairs, War Department, but recently an arrangement has been made to make him responsible, at least in part, to the Military Governor. The operation of the receivership since its institution in 1907, has been very efficient, and so far as known, there have never been charges of misappropriation of any part of the large sums of money which have passed through its hands.
The collection of the internal revenue was an important part of the duties of the finance department. These revenues included the land tax, the tobacco tax, the business tax, and a tax on the manufacture of matches and soaps, as well as other minor articles. About 1918 the collection of the internal revenue was taken over by an American appointed under the Department. The appointee was a man of energy and of ability, and succeeded in completely reforming the methods of collection and multiplying the amounts received by the government many times.
The land tax was instituted in the spring of 1919 and was as radical an economic measure as had been undertaken by the military government. Until its institution there had been no direct taxes on the people, except a few minor ones which were collected spasmodically. No political government had been able to impose a direct tax and survive, due to the violent opposition on the part of the populace to paying money directly out of their own pockets for the support of the government. The greater part of the revenues were raised by customs duties on imports. The land tax was imposed directly upon the land and its improvements. It produced a large return but many protests. A considerable part of the difficulty of imposing the tax was caused by the fact that land titles were in a chaotic condition, so that it was in many instances impracticable to determine who owned the land. In addition there were no complete records of land holdings, and it was therefore necessary to require all land owners to declare their holdings under penalties for failure. The land tax was perhaps premature and should have been postponed until such time as the title problem could be solved.
The Administration of the Department of Finance and Commerce under the military government, in so far as the handling of the revenue was concerned, effected a complete reform. Prior to the institution of the military government, the greater part of the revenues were expended in salaries and a large part was lost through peculation and waste. Little residue was left for public works or for any object which did not personally benefit some politician. Under the military government the leaks were stopped, the inefficiency was largely corrected, and a considerable part of the revenues was devoted to public works and other improvements. In 1907 the foreign debt had been funded and bonds issued to meet the demands of debtors. There remained, however, a very large number of claims against the government by natives and other inhabitants of Santo Domingo. That these claims were very much inflated was the general belief, but no machinery had ever been organized or perfected for sifting the just claims from the unjust. In 1917 the Dominican Claims Commission was organized with plenary powers of investigation, and proceeded to examine all claims and to sift the evidence. The total amount of the claims submitted was in excess of twenty million dollars, but the awards made by the Commission amounted to less than five million. Bonds were issued in this amount in satisfaction of the claims which were accepted by the claimants at par in the absence of cash payment. As these bonds sold at about 80 to 85, some slightly higher, the claimants suffered a substantial reduction of their awards, even as made by the Commission.
The Department of Finance and Commerce disbursed all moneys, and for this reason had a very strong influence in the determination of all policies. As a result of the power which it acquired through its control of the finances, it tended to usurp the powers and establish an ascendancy over the other departments of the government.
The Department of Interior and Police had cognizance of the provincial governments, municipal governments, the police, the Guardia Nacional and of the lotteries.
The provincial governments were a very prominent factor in the administration prior to the occupation. A governor was appointed for each province who commanded the military forces therein and was responsible directly to the President for his province. As every president had to be constantly on his guard against insurrection and revolution, it was the principal duty of the provincial governors to exercise great vigilance in detecting insurrectionary movements and in order to be in a position instantly to suppress them, each was clothed with very summary powers. The actual government was carried on by the President through the military provincial governors. After the occupation the functions which had formerly been exercised by the governors and their troops fell to the forces of occupation stationed in the various parts of the country. The army of Santo Domingo having been disbanded and the military functions of the governors having ceased, those officials found themselves without adequate employment. They were continued, however, as agents of the Department of Interior and Police, their duties being confined to observation and inspection.
The municipal governments were, under the constitution of Santo Domingo, nominally independent. The officers were elected and they had certain legislative powers within the confines of their municipalities. In fact, however, all municipal governments were subject to the control of national government, and under the military occupation the tendency towards the ascendancy of the national government was increased. These municipal governments were highly inefficient and wasteful and seemed to be incapable of carrying responsibility in reformatory measures. The Department of Interior and Military Police gradually assumed the functions of these governments, with the prospect that at no distant date even the nominal independence will disappear.
Under the political government, the Guardia Nacional performed the functions of the national police. In addition there were police forces in each municipality which were responsible in part to the Department of Interior and Police. Upon the disbandment of the original Guardia Republicana, its functions were taken over and reorganized by the Guardia Nacional. This body in its organization was primarily military, its police duties being purely secondary and subordinate. It was officered by Americans detailed from the United States Marines, and was composed of natives enlisted in the provinces. It was never large enough to discharge the military functions incumbent on the national army and was too military to devote itself, except spasmodically, to its police duties. It has recently been reorganized with especial view to meeting its police functions, of which its new name, Policia Dominicana, is indicative.
The Department of Public Works and Communications had cognizance of roads, wharves, channels, lighthouses, of public construction, post offices, telegraphs and telephones.
A comprehensive plan of roads for the country had been developed prior to the occupation, and some progress had been made in construction. The actual accomplishment, however, seemed small when compared with the total task. The Department, under the military occupation, pushed forward the roads as rapidly as possible, but was naturally handicapped because of the lack of funds. However, very material progress has been made, and a recent report indicates that the road over the mountains between the Northern and Southern portions of the country will soon be completed. The construction is of the highest quality, and is therefore necessarily very expensive. A considerable expenditure will be required in the future for the repair of roads, and it is to be hoped that any political government succeeding the present government will not fail in its maintenance of the roads now in existence and building.
This Department of Public Works and Communications has constructed a number of wharves for the accommodation of commerce, has maintained the channels of the various ports by dredging, and has reorganized the lighthouse service in such a way as to make it dependable and of real service to navigation.
The Dominican government owned a railroad from Puerta Plata to Santiago, which had been built by a private company and later taken over by the government. This railroad was in a very bad state of repair and the rolling stock had deteriorated in a lamentable degree. Upon landing the United States forces at Puerta Plata in 1916, the railroad was taken in hand and temporarily repaired and equipped for the transportation of troops and supplies. Upon the establishment of peaceable conditions the road was returned to the government and operated by the Department of Public Works with commendable success. This railroad is an important artery of trade, being the outlet to the sea for the richest portions in the interior of the island.
The post office service under the Dominican government was inefficient and unreliable. Under the Department of Public Works and Communications reforms were instituted and the service was very widely extended. A postal money order department was instituted which should in time be of great service in furnishing proper means of exchange between the more or less inaccessible parts of the island. In the early days of the occupation the rate of exchange between the northern and southern portions of the island was very high.
The Dominican government operated the telegraph and telephone systems of the republic with the exception of those overland lines operated by a French cable company. The lines under government administration were poorly constructed and were constantly out of service due to breakdowns. Under the Department of Public Works the equipment has been greatly improved and the organization perfected to such a degree that the service is now fairly reliable.
The Department of Public Works initiated an irrigation law, and forestry and mining laws. The irrigation privileges had been based on the principle of riparian rights, but development of the regions in the vicinity of Barahona and other arid sections had indicated a need of other forms of determination of water rights. After a very detailed study of the matter, it was decided to apply the California principle of preemption, and a law was passed to that effect. The question of forestry had been neglected by the preceding governments as being of slight importance, and while there were mining laws they were very ineffective and had operated only to encourage the formation of wildcat companies without development of any kind of the mineral resources of the country. Laws on both of these subjects were framed and duly promulgated as executive orders, and are now applied as a part of the law of the land.
Reliable maps of the country were not to be had. The most important basic map was one made by an officer of the British naval service many years before, based in part upon survey and in part upon information gathered from various sources. This British map had been the basis of other maps published since that time, all of which contain many inaccuracies and which are incomplete. Under the supervision of the Department of Public Works, a general survey of the entire country was undertaken by the Coast and Geodetic Survey of the United States on the basis of actual expense incurred. This survey was duly organized and proceeded methodically with its work, but at a rate somewhat below that estimated because of unexpected obstacles encountered in the tropics, of which the survey officials had had no experience. Due to the failure of revenues, the prosecution of the survey was abandoned during the year 1921.
The Department of Public Works and Communications supervised the survey of land holdings under a law which established a land court for the delineation and determination of land titles. No information is at hand as to the progress made in this work, which is one of the most important undertaken. It may safely be said that without the establishment of an adequate system for the settlement of land titles, little progress, either industrial or social, is possible, and the maintenance of a stable political government highly problematical.
The Department of Agriculture and Immigration has cognizance of the improvement of agriculture throughout the country and of the regulation of immigration. The Department is somewhat of an anomaly in that it associates two distinct and diverse functions, and is said to have been created for the purpose of furnishing political reward to the first appointee as its head.
The agriculture of the country is in a very backward state except upon the sugar estates which are operated by large companies, usually foreign. These companies work large tracts of land from which the natives are excluded as landowners, but contribute very little to the prosperity of the country. Political disturbances and insurrections are unusually prevalent in the vicinities where these companies operate. The agricultural administration employed a large number of agriculture inspectors who were assigned to different districts of the country for instruction of the farmers, who, however, are naturally conservative and very reluctant to take up any new processes. Experimental stations were established by the Department, one in the north part of the island and another in the south, while a third was established in a region of high elevation for the purpose of investigating the agricultural possibilities of those elevated sections. These stations have no doubt accomplished some good results, but there is reason to question the adequacy of the returns to the country when measured by the expense involved. The Department publishes an agricultural bulletin which is sent out at regular intervals for the instruction and guidance of those interested. An agricultural college was established at the experimental station near Santo Domingo City, which was planned somewhat on the principles of West Point and Annapolis, that is, to receive a fixed number of students from each province, who were to be educated in agricultural sciences at the expense of the government. It was expected that these students returning to their own sections of the country would spread among the inhabitants the knowledge which they had gained. The college, however, never proceeded beyond the inceptional stage and the buildings are now used as training centres for the Policia Nacional.
The subject of immigration was concerned chiefly with the supply of labor for the sugar estates, the natives being unwilling to furnish labor in the required volume at the rates which the sugar companies were willing to pay. Importation of laborers was made from the neighboring West India islands on permits issued by the Department of Agriculture and Immigration. The law requires that these laborers be returned to their domiciles at the end of the cutting season, or at the end of the second season, but due to the fact that the laborers are imported en bloc, and that no governmental record is kept of the names, the law is very poorly enforced and under existing practice, if any desired, they might remain in the country. As a result of these methods a considerable population of English-speaking negroes from the neighboring islands has congregated in the vicinity of the sugar estates. The issue of immigration permits was a fruitful source of graft for the government officials in the old days, the regular price being paid, it was said, based upon the number of persons involved.
The chief apprehension of the Dominican people is that they may be inundated by a black wave of Haitians. The Dominicans average several degrees lighter in shade than the Haitians, and are apparently descended from a better African stock. The greater density of population in Haiti and the lower standards of life there inspire the fear on the part of Dominicans that further increase of population may force large numbers of Haitians into Dominican territory which, near the border, is very thinly populated. If the Dominicans can be said to have any fixed idea, the opposition to the immigration of Haitians may be classed under that heading. Therefore, the matter of the regulation of Haitian immigration is one of considerable delicacy and difficulty, especially in view of the fact that Haitians are very sensitive on the subject of discrimination against them individually on much the same principle that the Japanese object to the alleged discrimination in the matter of land laws in the State of California.
The Department of Sanitation and Public Benefits had cognizance of all measures of sanitation, improvement of public health, regulation of the practice of medicine and allied professions and trades, the establishment and maintenance of quarantine and quarantine stations, and the establishment and maintenance of public hospitals and dispensaries. It maintained large numbers of sanitary inspectors and inspired and administered a sanitary code of a radical nature.
The justice section of the Department of Justice and Public Instruction had cognizance of the administration of justice, of the courts, in so far as they were not independent, of prisons and prisoners, and of pardons and paroles.
The position of the judiciary under the military government having been declared independent, the most difficult task of the Department of Justice was to preserve harmony between the judicial and the military officials. The idea of independence of governmental departments seemed to be foreign to military principle. The administration of justice in the Republic of Santo Domingo was far from perfect in the old days, and the temptation to interference on the part of the officers of the forces of occupation, on principles of abstract justice, was very strong. Furthermore, the system of jurisprudence and the fundamental ideas of the Dominicans and of the Americans were radically different. The Dominican procedure was based on the Napoleonic code, whereas the American system was based on the common law of England. It was impossible for people whose ideas of justice are based upon these two diametrically opposed systems, to understand each other. To Americans abroad, further, the idea that anything American is necessarily correct is fundamental, and likewise that anything not American is fallacious. The Americans failed to take into consideration the numerous failures in the administration of justice in their own country, and especially of the delays which are notoriously attendant on the proceedings of all judicial bodies. For these reasons, the Americans were very critical of the administration of Dominican justice and found difficulty in leaving that administration to pursue its own independent course without summary interference. There were, however, many things in the Dominican administration which were of the highest value and which could probably be introduced into the American system with benefit. It was the task of the Department of justice to protect the courts, so far as possible, from undue military pressure, and on the other hand to endeavor to improve the procedure of those courts in such a way as to meet with the approval of the American officials of high and low degree.
The Dominican constitution and laws did not provide an efficient method for impeaching and removing judges who were faithless to the responsibilities which they had assumed. Neither was there any practicable method of disbarring lawyers who abused the opportunities and privileges of their profession. The military government, at an early date, took these matters under consideration and published executive orders which provided for impeachments and disbarments with the necessary safeguards. No charges were ever brought against a Dominican judge which justified impeachment, but several lawyers were disbarred for periods varying from two to ten years. The latter was a great shock to the legal profession, which had considered itself immune from interference, and which had developed a system of professional ethics under which a lawyer would not serve in any case which was contrary to the interests of any other lawyer. For instance, if a lawyer contracted debts, the debtor could not find any lawyer to prosecute the case in a civil suit, and was therefore helpless.
Numerous reformatory laws were drafted and published as executive orders which affected domestic relations and property rights. Among these may be mentioned the so-called law of paternity, which forced parents of both legitimate and illegitimate children to make appropriate provision for their offspring. It had been the practice of former times to abandon children, especially illegitimate ones, the latter constituting a very large proportion of the population, to the mercy and charity of strangers and of circumstances. Under the paternity law, many thousands of cases were reached, in which forced provision was made for destitute children. One of the causes for the large proportion of illegitimate births was the difficulty of marriages. The marriage ceremony had been so surrounded with restrictions and monopolies that it had become unduly difficult and expensive. By revision of the laws the marriage ceremony was freed from difficulty and expense, and a resultant increase in the number of marriages was expected.
The mission of the educational section in the Department of Justice and Public Instruction was to reduce the illiteracy of the country and to lay a foundation upon which an enduring democracy could be built. The illiterates of the country have been estimated, there being no reliable statistics upon which to base the positive statement, from ninety to ninety-five per cent of the entire population. The system of public instruction was under the political government in almost complete ruin. The money appropriated for public instruction was fairly reasonable in amount, but was grossly misused. Rural schools were almost completely neglected. The pay of rural school teachers was $8.00 per month and was almost invariably permanently in arrears. The urban public schools were of the poorest quality imaginable, being housed in wretched buildings furnished with inadequate and worn-out equipment and taught by underpaid teachers who failed usually to receive their meager salaries. The bulk of the appropriations for educational purposes was diverted to private schools in the form of subsidies. Any person in decayed circumstances who possessed influential political friends started a private school and made immediate application to the government, either national or municipal, or both, for a subsidy. The demands for subsidies might have been more productive had they been few in number, but where the clamor for sustenance from the public treasury was so vociferous only the most influential, upon political grounds, could be successful. The result was that the school directors with strong political backing were successful in appropriating the main part of the money available. The process of the education of the young was largely lost sight of in the scramble for the enjoyment of the public bounty, which was applied almost exclusively to the payment of salaries.
The educational situation was not, however, without its bright lights. About forty or fifty years ago, a man named Hostos came to Santo Domingo from Porto Rico and devoted himself to the improvement of the system of public instruction. He was a true philosopher and a real teacher. His abilities and character made an impression upon the Dominican people which will be remembered and felt for many generations. His teaching inspired a great many young Dominicans with the pure love of pedagogy, the manifestation of which, on account of the lamentable conditions heretofore mentioned, was postponed until after the establishment of the military occupation. Under the protection of the military government and the encouragement given by the improvement of the school system, many Dominicans came forward under the inspiration instilled by Senor Hostos and were powers for advancement and progress in the new school system which was inaugurated.
One of these disciples of Hostos was a young Dominican who had later come to the United States for four years in the high schools of New York and four years in the University of Ohio. He had returned to his own country and had taken up the profession of teaching notwithstanding the many discouragements and handicaps encountered. Under the military government he came forward and, with his high motives, professional qualifications, executive ability and courage, was the inspiration of the educational movement. He was made National Superintendent of Schools and was responsible in most part for the excellent work accomplished.
The educational system was formerly governed by a fantastic code composed by a former National Superintendent of Schools, under which progress was impossible. A commission of able and public-spirited Dominicans was appointed by one of the first acts of the military government, to investigate the educational system and to recommend measures for its rehabilitation. This commission rendered its report in the form of drafts of laws recommended for the accomplishment of the reforms considered necessary by the commission. These drafts were accepted by the military government with minor changes only, and were promulgated as the educational code of the land. Under this code and under the wise and energetic administration of the newly appointed Superintendent, the educational system has been completely reformed.
It is sufficient to say at this time that the principles of the educational system was the banishment of illiteracy, and the provision of facilities for the training of the professional men for the service of the country. Expansion at that time of the system to extensive vocational training was impracticable because of the lack of funds.
The records prior to the military government are very incomplete and misleading, but as nearly as can be ascertained the greatest inscription in the public schools was not in excess of 16,000 with an average attendance of less than forty per cent. Under the new system the number of pupils actually enrolled was at the greatest about 100,000 and the average attendance was in excess of eighty per cent. The organization was so effective that for each $6.00 additional income a pupil could be added to the rural schools for one year.
Formerly all of the schools were held in rented buildings, but the problem of building school houses was taken up under the military government with considerable success. Buildings cost money and money was difficult to obtain and was much needed for the extension of the school organization. Nevertheless, many creditable concrete buildings were erected in the various cities and temporary school houses of native construction arose in all parts of the country. All schools were furnished with adequate desks, blackboards, etc., which had been conspicuously lacking before.
In the rural districts an experiment was made of forming parents' societies which had in a certain measure control of details in connection with the school of the locality. For instance, the society in any community had the power of determining whether the school teacher should be a man or a woman, the hours of sessions of the school and the seasons of the vacations. These societies erected the school building, certain materials of which, such as concrete for the floor and the necessary furniture, being supplied by the government. These societies worked enthusiastically and well, and might have been considered as beginnings of the propagation of democratic government of the country.
Progress in the building of roads, establishing of schools, improvement of sanitation and in the construction of useful public works was very rapid until the spring and summer of 1921. The revenues from the customs and from the internal revenue collections had shown increases which were taken to justify the extension of the public service. The project was formed and steps taken to carry it into execution for the securing of a loan of $10,000,000 for the purpose of completing the public works then under construction and contemplated. In expectation of obtaining funds from this loan the financial reserve of the government had been absorbed in the prosecution of the work. When, however, the time came for the consummation of the loan, approval could not be obtained from the government of the United States, and the project collapsed. The government found itself expending funds much above the normal rate of revenues and with the resources entirely exhausted. At this particular point a business crisis was precipitated and the revenues were greatly decreased. Many firms failed and the financial stringency was such that a large portion of the people were unable to pay their taxes. Under these conditions all construction work was suspended. All of the schools were closed and every, activity by which the government could reduce its expenditures and bring them within the limits of its receipts was undertaken. This sudden change was, however, extremely harmful to the prestige of the military government and produced a profound depression in the country. Fortunately the military government was able to initiate a loan for a smaller amount than that first contemplated and in the due course of time revenues showed an inclination to recover. Under these circumstances it was possible to resume the construction work in part and to reopen some of the schools.
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