The History of Cuba Volume IV Part 18

2. To publish such resolutions of the provincial councils as have force of law, and comply and cause others to comply with them.

3. To issue orders, instructions, and rules for the proper execution of the resolutions of the provincial council, if the latter has not done so already.

4. To call the provincial councils to convene in extra session whenever in his own judgment the same may be necessary. The subjects to be discussed in this session shall be set forth in the call.

5. To suspend the resolutions of the provincial and munic.i.p.al councils in the cases set forth in this const.i.tution.

6. To order the suspension of mayors, in case they have exceeded their powers, violated the const.i.tution or the laws, acted in contravention to the resolutions of the provincial councils, or failed to do their duty.

The suspension shall be reported to the provincial council in the manner and form established by law.

7. To appoint and remove the employes of their offices in the manner provided by law.

ART. 100. The governors shall be responsible before the Senate in the cases set forth in this const.i.tution, and before the courts of justice, according to the provisions of the law, in all other cla.s.ses of offenses.

ART. 101. The governors shall receive from the provincial treasury a salary, which may be changed at any time, but the change shall not take effect until after a new governor's election is held.

ART. 102. In case of temporary or permanent vacancy of the position of governor of the province, the president of the provincial council shall act in his place. If the vacancy is permanent, the acting governor shall continue in the discharge of his duties as such until the end of the term.

t.i.tLE XII

THE MUNIc.i.p.aL GOVERNMENT

SECTION FIRST

GENERAL PROVISIONS

ART. 103. The munic.i.p.al districts shall be governed by munic.i.p.al councils, consisting of aldermen or councilors directly elected by the people, in the number and in the manner provided by law.

ART. 104. There shall be in each munic.i.p.al district a mayor elected by the people by direct vote in the manner and form established by law.

SECTION SECOND

THE MUNIc.i.p.aL COUNCILS AND THEIR POWERS

ART. 105. The munic.i.p.al councils shall have the following powers:

1. To resolve on all matters exclusively relating to their own munic.i.p.al districts.

2. To prepare the budget of their expenses, providing at the same time, on condition, however, that this is done in a manner consistent with the general system of taxation of the Republic.

3. To resolve on the negotiation of loans, providing at the same time the permanent revenue necessary to meet the interest and princ.i.p.al when due.

In order that these loans may be carried into effect, they shall have to be approved by two-thirds of the electors of the munic.i.p.al district.

4. To appoint and remove the munic.i.p.al employes in the manner established by law.

ART. 106. The munic.i.p.al councils shall not decrease or suppress any revenues of permanent character without establis.h.i.+ng at the same time some other revenues which may take their place, except in case the decrease or suppression is due to the decrease or suppression of the equivalent permanent expense.

ART. 107. The resolutions of the munic.i.p.al councils shall be referred to the mayor. If approved by him, they shall be authorized with his signature; if not, they shall be returned, with his objections, to the munic.i.p.al council, wherein they shall be again discussed. If, after a second discussion, two-thirds of the total number of councilors vote in favor of the resolution it shall become a law.

When the mayor does not return the resolution, within ten days after the date of reference, it shall be considered approved and become a law.

ART. 108. The resolutions of the munic.i.p.al councils may be suspended by the mayor, the governor of the province, or the President of the Republic, when in their opinion they are contrary to the const.i.tution, the treaties, the laws, or the resolutions pa.s.sed by the provincial councils within the sphere of their powers. But the right to take cognizance and pa.s.s upon the claims which may arise out of said suspension shall be reserved to the courts of justice.

ART. 109. The members of the munic.i.p.al councils shall be personally responsible before the courts of justice, in the manner and form established by law, for the acts done by them in the performance of their duties.

SECTION THIRD

THE MAYORS AND THEIR POWERS AND DUTIES

ART. 110. Mayors shall have power:

1. To publish such resolutions of the munic.i.p.al councils as may have force of law, and execute and cause the same to be executed.

2. To administer the munic.i.p.al affairs, issuing orders and instructions as well as rules for the better execution of the resolutions of the munic.i.p.al councils, whenever the latter may fail to do so.

3. To appoint and remove the employes of their respective offices in the manner provided by law.

ART. 111. The Mayors shall be personally responsible before the courts of justice, in the manner prescribed by law, for all acts performed by them in the discharge of their functions.

ART. 112. Each Mayor shall receive a salary, to be paid by the munic.i.p.al treasury, which may be changed at any time; but such change shall not take effect until after a new election for Mayor has been held.

ART. 113. In case of vacancy, either temporary or permanent, of the office of Mayor, the president of the munic.i.p.al council shall act as Mayor.

Should the absence be permanent, the subst.i.tute shall act until the end of the term for which the Mayor was elected.

t.i.tLE XIII

THE NATIONAL TREASURY

ART. 114. All property existing within the territory of the Republic not belonging to provinces, munic.i.p.alities or private individuals or corporations, shall belong to the State.

t.i.tLE XIV

AMENDMENTS TO THE CONSt.i.tUTION

ART. 115. The Const.i.tution shall not be amended, in whole or in part, except by resolution pa.s.sed by two-thirds of the total number of members of each House of Congress.

Six months after the resolution to amend the Const.i.tution has been pa.s.sed, a const.i.tutional convention shall be called to a.s.semble for the exclusive and specific purpose of either approving or rejecting the amendment. Each House shall, in the meantime, continue to perform its duties with absolute independence of the convention.

Delegates to the said convention shall be elected by each province at the rate of one for every fifty thousand inhabitants, in the manner that may be provided by law.

TRANSIENT PROVISIONS

First. The Republic of Cuba does not recognize any other debts or obligations than those legitimately contracted in favor of the revolution by commanders of bodies of the liberating army, subsequent to the twenty-fourth day of February, eighteen hundred and ninety-five, and prior to the nineteenth day of September of the same year, on which date the Jimaguayu Const.i.tution was promulgated; and the debts and obligations contracted afterward, by the revolutionary government, either by itself or through its legitimate representatives in foreign countries. Congress shall examine said debts and obligations and decide upon the payment of those which are found legitimate.

Second. Persons born in Cuba, or children of native-born Cubans, who, at the time of the promulgation of this Const.i.tution, are citizens of any foreign nation shall not enjoy the rights of Cuban nationality without first renouncing expressly the foreign citizens.h.i.+p.