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(b) Those persons who, prior to the promulgation of this Constitution, may have been justices of the Supreme Court of the Island of Cuba.
The time during which lawyers shall have exercised judicial functions shall be reckoned as that of the practice of law necessary to qualify them for appointment as justices of the Supreme Court.
ART. 83. In addition to the powers that may have been conferred previously, or may be in future conferred by the laws, the Supreme Court shall be vested with the following:
First. To take cognizance of appeals for the cassation of decisions of inferior courts.
Second. To decide as to the right of jurisdiction of courts immediately below it, or which may not be under the control of a higher court, common to both.
Third. To have cognizance of all cases in litigation to which the State, Provinces, and municipalities are parties inter se.
Fourth. To decide as to the constitutionality of the laws, decrees, and regulations, whenever questions relating thereto shall arise between interested parties.
SECTION THIRD.- General rules relating to the administration of justice.
ART. 84. Justice shall be administered gratuitously throughout the territory of the Republic.
ART. 85. The courts of law shall have cognizance of all suits, either civil, criminal, or interadministrative (contencioso-administrativos). ART. 86. There shall not be created, under any circumstances or title whatsoever, any judicial commission or special courts.
ART. 87. No judicial functionary shall be suspended or discharged from his office or position except by reason of crime or other serious cause, duly proven, and always after he has been heard.
Neither shall he be removed to another position without his consent unless it be for the manifest benefit of the public service.
ART. 88. All judicial functionaries shall be personally responsible, in the manner which the laws may determine, for all violations of the laws committed by them.
ART. 89. The salaries of judicial functionaries shall only be changed at periods of over five years, the said change to be made by a special law. The law shall not assign different salaries for positions the grade, category, and duties of which are equal.
ART. 90. Military and naval courts shall be regulated by a special organic law.
SECTION FIRST.-General rules.
ART. 91. Provinces shall comprise the municipal districts within their limits.
ART. 92. Each Province shall have one governor and one provincial council, elected by the direct vote of the people in the manner prescribed by law. The number of councilmen in each Province shall not be less than eight nor more than twenty.
SECTION SECOND.-Provincial councils and their powers.
ART. 93. Provincial councils shall have the right to—
First. Decide all matters concerning the Province, and which, under the Constitution, treaties, or laws, are not within the general jurisdiction of the State or the special jurisdiction of the ayuntamientos.
Second. Prepare their budgets, providing the necessary incomes to meet them, without any other limitations thereto than that consistent with the tax system of the Government.
Third. Contract loans for public works for the benefit of the Province, but voting at the same time the necessary permanent incomes for the payment of the interest and redemption of said loans.
In order that said loans may be raised, they must be approved by two-thirds of the members of the municipal councils of the Province. Fourth. To impeach the governor before the Senate, in the cases specified in paragraph 3 of article 47, whenever two-thirds of the total number of provincial councilmen shall decide, in secret session, to prefer such charges.
Fifth. To appoint to and remove from office provincial employees, in accordance with provisions which may be established by law.
ART. 94. Provincial councils shall not reduce or suppress revenues of a permanent character without establishing, at the same time, others in substitution thereof, except when the reduction or suppression shall arise from the reduction or suppression of equivalent permanent
ART. 95. The decisions of the provincial councils shall be presented to the governor of the Province, and should he approve the same he shall affix his signature thereto. Otherwise, he shall return them, with his objections, to the council, which will again discuss the matter. If, after this second discussion, two-thirds of the total number of councilmen should vote in favor of the measure it shall be executed. Whenever the governor does not, within ten days after the presentation of the resolution, return the same it will be considered approved, and shall, in a like manner, be executed.
ART. 96. All resolutions of the provincial councils may be suspended by the governor of the Province or by the President of the Republic, whenever, in their judgment, they may be contrary to the Constitution, 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, 01 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 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.
SECTION FIRST.-General rules.
ART. 103. The municipal districts 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
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.
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.
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.
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 Jimaguayú 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.
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.