Mr. Combs to Mr.
Hay.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, June 19,
1903.
No. 74.]
Sir: I have the honor to inclose the
correspondence in the case of Juan Ton, a Chinese arrested at Amatitlan
and illegally imprisoned and fined.
1 wrote the proper authority forwarding the complaint of the Chinese
(inclosure No. 1), and two days afterwards I secured his release from
imprisonment by a personal interview with the foreign minister.
On the 30th ultimo I received the opinion of the superior judge that the
fine imposed was illegal and directing it to be returned (inclosure No.
2). A copy of this opinion was sent to Juan Ton’s employer directing him
to apply for the return of the fine illegally imposed (inclosure No. 3),
and to-day I am in receipt of a letter (inclosure No. 4) from the
Chinese thanking me for my successful efforts in his behalf and
acknowledging the return of the fine.
I have investigated rigidly all alleged cases of outrage upon the Chinese
here and have pressed all meritorious cases vigorously to a proper
settlement—punishment of the guilty parties—and will try to secure
reimbursement of losses where they occur. This is, however, very
difficult.
I hope future imposition upon these people by the subordinate authority
will be less frequent.
I have, etc.,
[Inclosure 1.]
Mr. Combs to
Mr. Barrios.
Legation of the United States,
Guatemala and
Honduras,
Guatemala, May 6,
1903.
Sir: I have the honor to inclose to your
excellency herewith a copy of a complaint by one Juan Ton, which
explains itself.
I trust your excellency will take immediate steps to ascertain the
truth of the charges and afford the proper relief.
I embrace, etc.,
[Page 576]
[Subinclosure.—Translation.]
Mr. Lon to Mr.
Combs.
With the greatest respect, permit me to-bring to your knowledge the
following: On Monday, the 4th instant, at 9 o’clock a.m., I was
found complying with my obligations and fulfilling my duty as clerk
in the store of my employers, known as Win Chow, in Amatitlan,
situated on the principal street.
About this time a lady came, whom I did not then know, and desired to
buy a silk shawl, for which she offered $12 or $13, but I could not
and would not let her have it for that price, for which reason the
lady became furious and left without anything else particularly
happening.
A short time afterwards a soldier came, accompanied by the
aforementioned lady, and I was taken before the municipal judge,
arrested, and left in jail, where I am still, only on the word of
the lady and contrary to the law that provides other procedure for
such cases.
The judge demands $300, but the law does not permit him to impose any
such fine for slander, of which the lady complains, neither is he
competent authority to fine me $300 or thirty days in jail without
any proof whatever.
I am still under arrest, and as your excellency is recommended to
look after the interest of the Chinese here, I pray you kindly
investigate this case and protest against the acts complained of for
the purpose of having the proceedings rectified and the reparation
made that you may deem convenient.
I am, etc.,
For Juan Ton, who does not know how to sign his name,
[Inclosure
2.—Translation.]
Mr. Barrios to
Mr. Combs.
Department of State, Republic of
Guatemala,
Guatemala, May 30,
1903.
Mr. Minister: From the department of
justice I have received, on the 29th instant, the following
note:
“Mr. Minister: I have the honor to
transcribe to you, for your information and guidance, a note
received from the president of the supreme court of justice, which
says:
“Guatemala, May 25, 1903.
“Sir: In the investigation
instituted in pursuance of your esteemed note of the 11th
instant, relative to the complaint of the Chinese, Juan Ton,
against the municipal judge of Amatitlan, will be found the
following opinion of the attorney-general, which says,
literally: ‘Supreme court of justice: According to article
456 of the penal code punishment can only be imposed
economically for slander, when owing to its trifling
character it does not merit more than three days’
confinement. When the slander is of so grave a character as
to constitute a crime, it should be followed up according to
the provisions especially laid down by Division IV, Book V,
of the Code of Penal Procedure. If this slander be
classified as being comprehended in articles 338 and 339 of
the penal code, it should be tried by a judge of the first
instance, but if it be comprehended in article 340 of the
said code, it may be fried verbally by a justice of the
peace or municipal judge. It is not my province to qualify
the slander attributed to the Chinese Juan Ton against Mrs.
Ysabel Paloma de Ortiz and determine if it is grave, slight,
or trifling; but it is my duty to call attention to the fact
that the punishment imposed by the justice of the peace of
Amatitlan does not correspond, according to the above, with
the procedure employed. It is, therefore, my opinion that we
should proceed: First, to return to the Chinese, Juan Ton,
the amount paid for commutation of punishment; and, second,
having been under arrest more than three days and the judge
having qualified the slander as trifling and to be punished
economically, no other punishment can be imposed for said
slander, unless the offended person makes the corresponding
accusation before competent authority. Notwithstanding the
foregoing, I ask that you transmit to the tribunal of the
first instance of Amatitlan the foregoing opinion, and that
in view of this and other circumstances that exist the law
that should be observed may be applied in the present case,
making known, without delay, this opinion to the Chinese,
Juan Ton.
“Guatemala, May 21, 1903. Calderon.
Supreme Court of Justice,
Guatemala, May 22, 1903. As asked by the attorney-general.
Article 26, book of rules and regillation
[Page 577]
for the judicial power. Pinto.
Felipe Martinez. I am, etc., J. Pinto. lam of the minister
with all consideration, etc., Juan J. Argueta.”
On placing the foregoing report before your excellency, I
have the pleasure of renewing, etc.,
[Inclosure 3.]
Mr. Combs to
Mr. Ton.
Legation of the United States,
Guatemala, June 2, 1903.
Dear Sir: Referring to your complaint dated
the 11th ultimo, relating to the sentence of the alcalde of
Amatitlan being excessive and requesting my intervention, I beg to
report the receipt of a note from the minister of foreign affairs of
Guatemala, in which, in quoting the opinion of the attorney-general,
it is recognized that the fine or penalty imposed by the alcalde was
excessive, three days’ imprisonment being the most he was authorized
under the law and the circumstances to impose; and that, as you had
already undergone the extent of punishment that said alcalde was
authorized to impose, he is ordered to return the sum paid by you in
commutation of your sentence and inform you of this fact without
delay, in addition to being reprimanded.
In case the fine paid by you has not been returned you may apply for
it, advising me of the result.
Sincerely, yours,
[Inclosure
4.—Translation.]
Mr. Ton to Mr.
Combs.
Guatemala, June 17,
1903.
Honored Sir: Referring to the note I had
the honor to address to your excellency on the 15th instant, I now
have the pleasure of making known to you that the fine illegally
imposed upon me by the judge of Amatitlan and of which I complained
on the 11th ultimo has been returned to me.
I have the pleasure of once more repeating to you my most heartfelt
thanks for the happy termination of the affair, and repeat, etc.
At the request of Juan Ton,
