Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1906, (In two parts), Part I

Chargé Sleeper to the Secretary of State.

American Legation,
Habana, July 19, 1906.

No. 135.]

Sir: I have the honor to report to the department that a committee of American residents of the Isle of Pines, composed of J. A. Miller, Charles F. Brown, J. K. Delaney, and E. E. Tolksdorff, called at the legation on the afternoon of July 17 on behalf of Miss Millie Brown, L. C. Giltner, and H. L. Augustine, American citizens imprisoned at Nueva Gerona, Isle of Pines, for the erection of a private telegraph line—which crossed the public thoroughfare—between their respective residences, in violation of military order No. 50, series of 1902, a copy of which is inclosed herewith.

The committee handed me a written protest, in which they complained that the sentence of the Cuban judge was arbitrary and the place of confinement objectionable, especially in the case of the young lady. The committee handed me also copies of letters written by the prisoners to Senator Morgan, of Alabama, wherein they admitted their guilt, but pleaded ignorance of the law in extenuation.

Replying to the committee, I pointed out that since the prisoners admitted their guilt, and since the judge imposed the minimum punishment, the legation could not consider his decision arbitrary. The committee then withdrew the protest and the copies of the letters addressed to Senator Morgan by the prisoners, confining themselves to a verbal request that the legation use its best efforts to obtain for Miss Brown a more congenial place of confinement. I promised to give the matter my immediate attention and to do what I properly could.

After the departure of the committee I called on the secretary of state and justice and inquired what would be the probable attitude of his Government in case a request for pardon should be presented through the legation. He stated emphatically that no pardon would be granted, adding that the prisoners were guilty as charged; that they had been duly warned that they were violating the law, to which warning no attention had been paid, and would be obliged to either pay their fines or undergo the corresponding incarceration. He also said, referring to Messrs. Giltner and Augustine, that he would instruct the warden of the Neuva Gerona jail to treat them with due consideration. He informed me that the judge had endeavored to eliminate Miss Brown from the case. She, however, insisted upon being tried with the men, declaring herself equally guilty; she refused to allow her father to pay her fine, and insisted upon being sent to jail, although the judge wished to provide special quarters for her elsewhere. Nevertheless, in view of my representations, Doctor O’Farrill promised to issue the necessary instructions for Miss Brown’s removal to the house of the mayor of Nueva Gerona.

I inclose herewith a copy of the unsigned and withdrawn protest of the American residents of the Isle of Pines, together with clippings from the Habana Post and La Discusion, of July 19, 1906, relative to the matter. [Not printed.]

I have requested the foreign office for a copy of the court proceedings in this case and will forward same to the department as soon as received.

I have, etc.,

Jacob Sleeper.

[Inclosure 1.]

Military Order No. 50.

Headquarters Department of Cuba,
Habana, February 22, 1902.

The military governor directs the publication of the following order:

Any person, company, or corporation who shall, or shall attempt to construct, establish, or install any telegraph or telephone line or other works, public or private, without proper authorization, as and when required by law; or who shall occupy or attempt to occupy any part of the property of the public domain, without proper authorization, shall be liable to a fine of not less than $100 nor more than $500; and such persons, companies, or corporations shall also be liable to an additional fine of $25 for each day that such telephone or telegraph line or other work shall be continued in operation, or such occupation shall continue after due notice to discontinue such operation or occupation shall have been given: Provided, however, That if the above-mentioned acts are punishable under special ordinances or regulations now in force, the penalties therein provided shall be applicable.

The fines provided for in this order shall be imposed by correctional judges.

H. L. Scott, Adjutant-General.

[Inclosure 2.—Translation.]

Newspaper clipping.

the isle of pines matter-voluntary imprisonment-minimum punishment-an interview with the mayor.

In connection with the recent occurrences on the Isle of Pines with respect to Miss Brown and two Americans who were sentenced by the correctional court, almost all the newspapers of Habana have been commenting and relating the facts in different forms, erroneous in the greater part.

With a desire to state the true facts in the case, a reporter of this paper held an interview this morning with Señor Juan Manuel Sanchez, mayor of the Isle of Pines, at present sojourning in this city.

Señor Sanchez, in reply to the questions put to him, stated “that, having read in a newspaper written in English, called the Appeal, which is printed in Habana and circulated in the Isle of Pines, that a telegraph line had been installed in the American hamlet called ‘Columbia,’ which line was highly praised, he ordered, in fulfillment of his duty, that an investigation be made as to whether the owners of the line had complied with all legal requirements for the installation thereof.

“As a result of the investigation it was shown that the legal formalities had been disregarded, whereupon he reported the matter to the proper judicial authority.

“The case having been tried in the correctional court, a fine of $100—the minimum punishment provided by law—was imposed upon the persons who utilized the aforesaid line, who were three.

“Not caring to pay the fine, Miss Brown and the two Americans were sent to jail to serve imprisonment in default thereof.

“As soon as Miss Brown was sentenced her father evinced a desire to pay her fine, in which he later desisted, against his will, upon the repeated requests of his daughter.

“In view of the obstinacy of Miss Brown, who wished to go to jail in company with her fiancé, the captain of the rural guard, who has a sleeping room in the jail building, gallantly offered it to Miss Brown, telling her that she could make use of it as hers. Miss Brown did not accept the offer, stating that she wished to serve sentence with her fiancé in the departments destined to the confinement of prisoners.

“After entering jail her father again attempted to pay her fine, but had to again desist because of the obstinacy of his daughter.”

From the foregoing statements, which give the true facts in the case, it will be seen that the individuals in question have been properly sentenced, and if Miss Brown undergoes confinement in company with the men it is only because of her excessive will, and no one else is to blame.