File No. 819.00/422.
On the 18th instant, at the suggestion of Señor Chiari, an additional
instruction to supervisors of voting was decided upon by the committee,
which was also agreed to by both parties. These instructions have since
been printed and translated into Spanish by the Legation, and copies of
them are inclosed. Also at the request of the committee these
instructions, duly signed by the committee and the representatives of
the Government and both parties, have been officially published by the
Government, preceded by a decree of President Arosemena approving of
them. Further, at the request of the committee, President Arosemena has
instructed the Minister of the Interior to send two circular telegrams,
one advising all the governors of Provinces of his approval of these
instructions, directing them to inform the alcaldes of all districts,
and the other informing all governors that the police will be under the
orders of the American supervisors during the elections in all that
relate to the polling.
Both political parties have now appointed representatives in all the
districts to accompany the supervisors, and the Porrista party has
issued instructions to its representatives which are modeled upon the
committee’s own instructions.
The instructions to supervisors, as well as the measures taken relative
to them, have been published in extenso in the local press, which has
uniformly commented extremely favorably upon them.
Complaints of oppression in numerous different ways are constantly being
presented to the committee by the Porrista representatives, while the
Government and the Unionista representatives are constantly complaining
of the breaches of authority committed by the Porristas and their
revolutionary tendencies. These complaints of the Porristas the
committee transmits to the Government for its information and
investigation. In a few cases where acts of oppression have been
corroborated by supervisors, the committee has requested that suitable
measures be taken, and in reply the Government has acceded, so far as it
is possible to ascertain.
[Inclosure 1.]
Instructions to Supervisors of Voting.
Mr.— —:
Yon are hereby directed to supervise the voting for municipal
councilmen and presidential electors of the Republic of Panama,
which will take place, respectively, on June 30th and July 14th
next, within the district specified in the [Page 1150] enclosure herewith, which also states the
number of polling places (Mesas de votación) within this district,
and the names of the assistants who will accompany you and act under
your direction. You will be accompanied, also, by one representative
of Señor don Pedro Díaz and a representative of Dr. Belisario
Porras. The names of the representatives also appear in the
enclosure mentioned. You will proceed to your district, arriving
there at least two days before the opening of the polls on June 30th
next. Upon your arrival at your district you will immediately inform
the local authorities and the several election boards of your
presence, and, aided by your assistants, you will carefully compare
the various lists of voters in the possession of those boards,
respectively, with the general list with which you have been
furnished. Should any one of the boards’ lists not contain the names
of voters that should appear therein according to your list, or
should there be names thereon not on your list, you will cause the
list not in accord with yours to be corrected so as to make it
conform with your list, unless all of the members of the board and
the representatives of Señor Díaz and Dr. Porras agree to allow the
difference to stand, in which event your list should be made to
conform to that of the board in question.
You will then see that the lawful number of suitable voting places
has been provided for, and especially that these places are large
enough and conveniently located as to allow the voters free and easy
access to them, and that they are not crowded, and that they are so
situated as to facilitate as much as possible the maintenance of
order. In determining upon the polling places to be selected, you
will consult the Municipal Council and the representatives of Señor
Díaz and Dr. Porras, but you will be governed by your own judgment.
You will see that proper arrangements are made for polling at all of
the polling places, including the necessary stationery and other
necessaries.
You will see that no one is present at the respective voting places
during polling hours, except the members of the election board, one
representative of Señor Díaz, one representative of Dr. Porras, and
yourself or your assistants, in addition to the voters while
depositing their votes. You will see that the public is not
permitted to approach nearer than 50 feet on any side of the voting
place, and this exclusion will extend to everyone except the board,
the representatives of the two parties, the voters while depositing
their votes, yourself, or your assistants, as above stated.
The polls shall be open at 7 o’clock in the morning, and notice of
such opening shall be given by the beating of a drum, or in any
other manner’ sufficient to advise the public that the hour for
voting has commenced, and the polls shall remain open until 5
o’clock p.m. of the same day, when a similar notice to the public
shall be given of the closing of the polls. It might be well for you
to have all of the watches or clocks of the different boards set to
conform with your own timepiece, or such other one as you may
select, before the polls are opened, so as to secure uniformity of
time in all the polling places in the opening and closing of the
polls.
From the time of your arrival at your district, you and your
assistants are to have Chargé of the maintenance of order there and
especially at and about the polling places, and in addition it shall
be the duty of yourself and your assistants to take all necessary
measures to prevent the voters from being intimidated, coerced, or
having frauds perpetrated upon them in going to the polls, or while
depositing their votes there, or while returning thence to their
homes, and your authority in this respect will extend throughout
your district. Article 60 of Law No. 89 of 1904, on the subject of
popular elections, provides that during the hours of voting no one
having the right to vote shall be arrested or detained, neither
shall he be obliged to appear before the public authorities in any
civil proceeding which may interrupt the period of time set aside
for the voting. It shall be your duty and that of your assistants to
see that this provision of the law is faithfully complied with in
your district.
You may call on the police force, or any member thereof, in your
district, to aid you in the maintenance of order in and about the
polls, and elsewhere in your district when necessary to prevent
intimidation, coercion, or fraud in connection with the elections,
and you are advised that the police force of the Republic has been
placed under the orders of the Supervisory Committee by the
President of the Republic for the purposes above mentioned. You will
probably find it advisable to have such police as you require armed
only with the baton.
During the voting period you will probably find it advisable, in
observing the proceedings at the several polling places, to
circulate about the streets not [Page 1151] immediately around the polls, so as to
ascertain whether any interference is offered to persons desiring to
cast their votes. Should you discover any such interference, you
will call the local authorities and police to put a stop to it, and
in case of their failure to do so you will advise the undersigned by
telegraph.
The President of the Republic has decreed that no intoxicants shall
be sold from 12 o’clock midnight, of June 29 to 12 o’clock midnight,
of June 30, next, and from 12 o’clock midnight, of July 13 to 12
o’clock midnight, of July 14 next, at places where the elections are
held. You will see that the decree is properly observed in your
district. In addition, the representatives of the respective
political parties have agreed, with the sanction of the
representatives of the Government and of the Supervisory Committee,
to instruct all local party leaders not to give away intoxicants
during the same periods.
No person should be allowed to vote whose name does not appear upon
your list corrected as above described.
Either of the representatives of the two parties present at the
voting place may challenge the right of any person offering to vote
who is unknown to any member of the election board (jurado). If the
person is identified as one whose name appears upon the registration
list by his own verbal statements under oath he shall be entitled to
cast his vote without delay or discussion.
Privates of the police force shall cast their votes singly and in
such a way as to be free from any compulsion on the part of their
superiors. Neither officers nor privates of the police force shall
have any preference shown them over civilians in casting their
votes.
You will endeavor, in a tactful manner, to have the voting proceeded
with as rapidly as possible, so that all lawful voters may freely
appear and cast their votes. Upon the closing of the polls the
counting of the votes cast shall be proceeded with forthwith, and
during the count you will take such measures as may appear necessary
to preserve order. In case it is not possible to proceed at once
with the count you will take such steps, aided by your assistants,
as will prevent any tampering with the votes prior to their being
counted.
The counting of the votes will be done by the election boards in your
presence or that of one or more of your assistants. You or they will
carefully observe the counting, and should any irregularity occur in
the same you or your assistants will endeavor by friendly council to
induce the board to correct it. Should the board fail to do so, you
will report such irregularity by telegraph to the undersigned.
Article 103 of the above-mentioned election law declares an election
shall be null:
- First: When it does not take place on the days fixed by
law.
- Second. When the voting has not taken place in the
presence of at least an absolute majority of the members of
the board (jurado).
- Third. When, during the hours of voting, violence has been
exercised toward the board by private individuals or by the
authorities with arms or without arms, provided the violence
exercised has caused disorganization or panic in the board
and has obliged them to leave the place of voting.
- Fourth. When violence has been exercised against the
canvassers of the votes, when by reason of such violence the
urn has been destroyed, or when the ballots have been mixed
or confused with others, or the ballots have been lost, or
when a declaration of the result has been made which does
not conform to the true result.
- Fifth. When the voting has been suspended by the board
before the hour fixed, when the list of voters is not put up
where it may be examined by the public, or when it is shown
that the one that has been put up has been falsified or
altered.
- Seventh. When the voting has not commenced two hours after
the time fixed by law. (As above stated, the hours for
polling are from 7 a.m. to 5 p.m., instead of from 8 a.m. to
4 p.m., as provided by Law 89 of 1904.)
You are instructed that if any one, or more, of the conditions
mentioned in Article 103 should occur in your district, or if by
acts of intimidation or by threats or fraud any voters in your
district are not permitted to cast their votes, you will immediately
notify the undersigned of that fact by telegraph, and if after
considering your report the Supervisory Committee is of the opinion
that tie acts reported by you have materially affected the result of
the election, the Committee will then take the necessary steps to
have the election at such place declared null and void and a
convenient date fixed for another election in your district.
You will telegraph to the undersigned any matters of importance as
they may arise, and as soon as possible after the close of the
proceedings you will inform [Page 1152] the undersigned by telegraph briefly as to
the character of the day’s proceedings, whether orderly or not, and
the number of votes cast for the candidates of each party, marking
all of your telegrams “urgente.”
You will deliver a full written report to the undersigned upon your
return to Panama City, accompanying it with the list of voters
handed to you by him. The local authorities and election board
within your district have been duly advised by the Panaman
Government of your and your assistants’ designation, and all proper
directions have been issued by the Panaman Government to enable you
and them to fully carry out the foregoing instructions.
Copies of these instructions have been furnished to your assistants.
You will, however, take an early opportunity to go over these
instructions with them so as to insure a due understanding of them
and secure efficient and well coordinated action between yourself
and your assistants.
Regarding your conduct during your trip, you and your assistants will
always be careful to maintain an absolutely impartial attitude and
be courteous and tactful in your dealings with all those with whom
you come in contact. You will discharge your duties and execute your
instructions with firmness, however, but avoid discussing the
political situation further than is absolutely required in the
discharge of your duties. You will use your best efforts to avoid
friction, to settle by friendly advice any controversy which may
arise, and, in short, you will do all in your power to secure the
results desired by the Supervisory Committee, which is to secure the
voting of all persons entitled to do so in the municipal and
presidential elections.
A sum of money sufficient to cover your own and your assistants’
expenses during your trip will be handed to you by the disbursing
officer of the Isthmian Canal Commission, to whom you will make a
full accounting supported by vouchers upon your return to Panama
City. With this sum you will pay for your own and your assistants’
transportation, lodging, board, and other necessary expenses.
The Government of Panama will do everything possible to facilitate
your trip.
H. Percival Dodge,
American Minister,
Chairman Supervisory Committee, American
Legation, Panama.
June 15, 1912.
