Judiciary History - Justice on Guam: "Early American Government"

With the signing of the Treaty of Paris, Guam entered a new era under the American system of democracy. But it would take another 52 years and a World War II invasion before the Chamorro population would be afforded U.S. citizenship that entitled them to specific legal protection under the U.S. constitution and applicable federal law.

With Guam changing from a Spanish colony to a U.S. possession came the question of legal rights and the type of government the native population would experience under American law. For the initial seven years the existing Spanish judicial system was left intact, except in the area of the appellate court, which was transferred from Madrid's Supreme Court to the sole discretion of the American Governor. The Governor served s the supreme authority in both lawmaking, administration and interpretation of laws for the island.

SUPREME COURT OF GUAM ESTABLISHED

On April 15, 1900, Guam's first American Governor, Richard P. Leary, established the Supreme Court of Guam to function as an appellate court of the island. Chronicler Roy E. James described the first Supreme Court of Guam as follows: "The first Naval Governor created a five-man Court of Appeals to serve as a court of last resort until Congress could set up an appropriate appellate court. He appointed himself Presiding Justice of this court but, according to one of his reports, he 'divested himself of all functions as Governor; when sitting on the highest court in the judicial system of the island. It is likely that he thereafter divested himself of all functions as Presiding Justice when the same case came before him for review and approval as Governor."

THE COURT OF APPEALS, POLICE FORCE AND CRIMINAL CODE FORMED (1904-1905)

The early changes in the area of law and order was the work of two American Governors. The Guam Newsletter of August 1911 gives an account of Governor Sewell and Dyer's efforts to reorganize the judicial system on Guam from 1903 to 1905. According to a Guam Newsletter article of August 1911: "Governor Sewell carried on the work of revision of laws energetically, with special regard to taxes and fines. He reformed the prison laws and promulgated orders for the control of commercial corporations. He also published game laws, and began the revision of the Criminal Code. On January 28, 1904, Governor Sewell was invalid at home, dying soon after he reached the United States... Commander G.L. Dyer assumed command May 16, 1904.

Governor Dyer found the bulk of code revision on the way to completion and affairs beginning to shape themselves that some more drastic changes now were ripe promulgation. He established and defined the duties of the Department of Public Health, and strengthened the compulsory education laws. In 1905, he abolished the Supreme Court of the Island and substituted therefor the Court of Appeals. About this time, the Spanish titles of Governadorilla, Cabeza, Teniente, and supplant were abandoned in favor of their English equivalent. The excise was the subject of Governor Dyer's orders. In August 1905, he disbanded the Insular Artillery and established the police force."

ISLAND COURT CREATED/ISLAND ATTORNEY REDEFINED (1910-1920).

In 1910, Guam's court system would begin to be reorganized by Governor Edward Dorn. The Spanish Court of First Instance would formally become the Island Court on July 15, 1910.

A 1949 doctoral dissertation by Michael D. Zenor describes the problems with the Court of First Instance and the Island Attorney under the Spanish government and in the initial years of the American government (predecessor to the Attorney General's office).

"Many difficulties were experienced before the Island Court began to function efficiently. Under the existing Spanish law, the Island Attorney had no power to call witnesses; in fact, all he could do was to present the complaint and question the witnesses during the investigation. The judge of the court was required to investigate all cases -- much as the grand jury would -- and then if there was sufficient evidence to bring the case to trial, the judge who had already made the investigation presided. As a result of the great amount of work thus placed on one judge, the court was hopelessly behind in its functions. On July 15, 1910, the Island Court was formally established and the d duties of the Island Attorney were defined so as to relieve the judge of his investigatory functions. This new court was composed of two judges and was empowered to try all civil and criminal cases.

Around 1906, the Police Court was also implemented, followed by the Court of Equity which was established in 1916 along with the Higher Court of Equity and the Special Courts. Each of these courts handled an area of disputes and charges stemming from small claims to murder. The high court of the land remained the Court of Appeals. It would be another 23 years, in 1933, before any other adjustment was made to Guam's court system.

LOCAL INVOLVEMENT IN THE JUDICIARY

According to Guam historian Beers, "Because of the relationship occasioned by intermarriage, the Governor in 1910 replaced the native Guamanian judges with commissioned officers in the Navy and Marine Corps, but by 1918 Guamanians were again sitting as associate Judges of the Court."

Despite this temporary setback, many of Guam's leaders would serve in the Judicial Branch of government. Among these were Judge Joaquin Cruz Perez who was Acting Governor of Guam from February 1 to April 20, 1899 prior to the arrival of Guam's first American Governor, Richard Leary. Perez was appointed Associate Justice in 1915. He had previously served as Justice of the Peace under the Spanish, having been appointed in 1894.

Judge Vicente P. Camacho was reappointed a year earlier, in 1914, after serving as Judge from 1895 to 1911 under the Spanish and early American administration. He would retire in 1947 after serving 49 years on Guam's bench. The longest serving judge in our history.

Others included Judge Manuel E. Sablan who was appointed Substitute Judge in the Island Court of Guam on June 1, 1914 and would eventually preside over the Police Court. By 1921, the court calendar would list A.T. Perez and Jose Roberto as island judges as well. Judge Luis de Torres was listed as a Junior Judge in 1913 while Juan Torres served as Chief Clerk of Court in 1913 and was replaced by J.M. Camacho a few years later.

ISLAND ATTORNEY (AG)

TAKING THE COURT ON THE ROAD

In 1912, Governor Coontz, at the request of the people, arranged to have an Island Judge tour the outlying towns. Although similar to a Circuit Court, it nevertheless was not official though Guam did have a Circuit Court in existence from 1906 to 1910.

The 1913 October issue of the Guam Newsletter recounts one such visit that went awry.

"On October the second, the Junior Judge of the Island Court, Judge Luis de Torres, the Island Attorney, Tomas Calvo, the Land Judge Joaquin Perez and party started out on a tour south of the barrios of Agana, to hold court. It was the intention to go to Merizo first by launch, then visit Inarajan, returning later to Agat and Sumay, but the sea was too rough on the second for a launch, so the court's plans had to be changed. They visited Sumay first, then took up cases in Agana.

During the trip from Sumay to Agat, an amusing, and what might have been a serious accident took place. The party were traveling in a Chamorro calesa, which is much like a bullcart with high wheels. It has one long, narrow seat and is usually fitted with a pair of stiff springs. While descending the hill on the road to Agat, both shafts of the calesa broke in two right near the bed of the calesa, and down the occupants went, under the heels of the surprised. The party gathered themselves up and luckily no one was more than slightly bruised.

...The number of civil and criminal to be tried this year are small, a fact which is very gratifying. They are divided among the different barrios as follows: Sumay...none, Agana...7, Merizo...None, Inarajan...18."

A LACK OF JURISDICTION APPEALS, AND JURY

Though the local court system was adequate in handing down local decisions, the judicial system failed in the area of appeals. The following was a famous test case for Guam in the early 1900's.

Juan de la Cruz Perez was convicted of murder of Vicente Aguon Quintanilla by the Court of First Instance and sentenced to death in accordance with the penal code of the Philippines, the sentence being sustained and confirmed by the Supreme Court of which the governor was the judge. The Spanish law required that all death sentences be appealed to the court of cessation in Manila, but the jurisdiction of the Tribunal Supremo of Madrid had ceased with the American occupation, and, since no United States court had been given jurisdiction, the island judiciary was left in somewhat of a quandary....... The matter was referred by the (Navy) Department to the Office of the Judge Advocate General, which opined that since Congress had not provided the island with a civil government with a judiciary, it would be appropriate and proper for the governor to pardon the man, as the case would thus be kept open for future appeal to such higher courts as Congress might give jurisdiction."

Without a clear signal from Congress, Perez was later commuted to life imprisonment by the Governor and eventually paroled.

The question of Guam's ability to effectively convict a person under existing American statute was never fully addressed by Congress in the first 34 years of American Government. This include a lack of trial by jury. In August 1929, the following article appeared in the Guam Recorder which described the courts of Guam's legal jurisdiction on island.

"The jurisdiction of the courts of Guam have been clarified by the Judge Advocate of the Navy and his opinion has been affirmed by the Secretary of the Navy that, 'The courts of Guam are not military courts, but insular courts under the insular government created for the administration of the affairs of the island of Guam. The civil laws of Guam apply to Navy and Marine Corps personnel in Guam, and civilian courts of Guam have jurisdiction to try such individuals for infraction of those laws."

CITIZENSHIP, FREE ELECTIONS AND GUAM'S BILL OF RIGHTS

On June 11, 1929, Captain Willis W. Bradley, Jr. was appointed Governor of Guam and a new era of law and political growth for the island was born. Governor Bradley would seek to address specific legal issues confronting the Chamorro people and help bring the question of Chamorro rights to sources beyond the Navy Department, including national attention.

On March 26, 1930, he would issue a proclamation formally establishing Guam citizenship and granting certain rights and privileges and protection to those who were Guam citizens.

Throughout his tenure as Governor and later as a California member to the U.S. House of Representative, he would continue to pursue U.S. citizenship for the Guamanians. Governor Bradley also signed a Guam Bill of Rights which was pattered after the first 10 amendments of the U. S. Constitution. This was not endorsed by the officials in Washington. Later on, certain sections would be incorporated into the law revisions of 1933.

Bradley also abolished the First Guam Congress which up until this time, was appointed by the Governor. He would oversee the first elections of a two house congress; the 16 member House of Council and the 27 member House of Assembly pattered after the Senate and House of Representatives consecutively.

In addition, Governor Bradley would official adopt the Guam Seal and Flag which was first approved by Governor Roy C. Smith on July 4, 1917. Bradley's boldness in listening to the desires of the Chamorro people won him a special place in the heart of the Chamorro people. His term ended on May 15, 1931.

NEW COURTHOUSE OPENED IN 1929

QUARTERS FOR THE JUDICIARY

For the first time in the history of Guam, the judiciary will soon be housed in such a way as to bring credit to the island. The second floor of the building now under construction for the Bank of Guam and other island government activities is being converted into most excellent accommodations for the judges and the courts.

The new layout provides separate offices for the head of the department, the judge of the Island Court, and the Judge of the Police Court. It also has space for stenographers and clerks, two rooms for files and records, a large anti-chamber, and two very satisfactory courtrooms. The large courtroom, to be used by the Island Court, extends practically all the way across the front of the building. The small courtroom, to be used for the Police Court and for promulgating the decrees of the Court of Appeals, is situated in the rear. When our judiciary moves out of its present cramped quarters and becomes installed in its new accommodations, it will have the satisfaction of occupying the finest 'courthouse' in the islands of the South Seas.

CODES REORGANIZED

Up until 1933, Guam still utilized laws, rulings and decisions that were based in part on the Spanish laws of old Guam. According to Laura Thompson's Guam and Its People: "Between 1905 and 1910, the office of the Justice of Peace was abolished, the island court was established and the laws were slightly modified, but the Spanish and Filipino codes remained in force for natives, subject of course to the will of the Governor when the were abrogated by executive order of the governor and three new codes (namely a penal code, a civil code, and a code of civil procedure and probate) were promulgated."

In December, 1933, Governor George A. Alexander issued the executive decree ordering the abrogation of all the previous laws and the establishment of three new codes which were modifications of the California Codes. The 1933 edition of the Code of Civil Procedure defined the courts.

When finally printed and promulgated in 1937, most of the laws of Guam were contained in a volume entitled The Code of Guam. The divisions of the volume were: "The Penal Code of Guam," "The Civil Code of Guam," "Regulations with the Force and Effect of Law in Guam," and "The Probate Code." Based in part on the California Codes, the Codes of Guam were the first printing of the modern laws of Guam. They were still subject to the will of the Governor, though under the new codes punishment was moderate and greater scope for leniency was given the judges. But it would be in 1933 that the Judicial Branch would completely divest itself of the Spanish system and reorganize completely under American laws and court systems. As for the legal question presented by the lack of an Appellate branch and Jury -- Congress would address that 17 years later in the Organic Act of Guam.

COURTS REORGANIZED

The Island Court was the court of general jurisdiction for both criminal and civil cases, except those assigned by law to other courts. This included all probate matters, domestic and criminal cases mounting to felonies. It could also handle cases determined by the Police Court where imprisonment was adjudged or a fine exceeding twenty-five dollars was imposed and appealed to the Island Court. One Guamanian judge made up the Island Court in 1949.

The Justice Court, which was presided over by one Guamanian judge, had jurisdiction in criminal cases of misdemeanor only involving a fine of over one hundred dollars or imprisonment for more than six months or both and a fine of less than three hundred dollars or imprisonment for less than one year or both. This court also handled "all cases where the demand, exclusive of interest or value of property in controversy, amounts to seventy-five dollars or less; and in all cases of forcible entry and detainer where the rental value is ten dollars or less per month; in all cases of damages where the whole amount claimed is less than one hundred dollars, and in all cases to enforce and foreclose liens on personal property, where the amount of such lien or the value of such property amounts to seventy-five dollars or less." It was the predecessor for the small claims court of today and handled collection of debt with the vast majority being twelve dollars or less.

The Police Court handled "criminal cases amounting to misdemeanor only where the penalty does not exceed imprisonment for six months or a fine of one hundred dollars or both." The majority of cases handled in Police Court involved violation of sanitary regulations, traffic rules and drunkenness. In cases of misdemeanor in the outlying areas where the fine did not exceed five dollars, the municipalities commissioner could be called on to rule on the case. For the most part, public drunkenness was the chief charge handled by the Commissioners.

The Department of Law as administered by the Attorney General who was an appointed naval officer. He was assisted by three island attorneys, who were Guamanians and also appointed by the American Governor.

CRIMES AND PASSIONS OF THE 20'S AND 30'S

As the Courts and laws were changing , so, too, were the people. Yet the cases before the bench were no less serious and important to each individual involved. But in researching some of the work, it was nonetheless interesting to run across some rather bizarre incidents or quirks of the time. Though crime is not exactly a positive promotion of the era, it nevertheless does capture a sense of the people and pressures of an era in the past. Some examples are:

QUARREL OVER POSSESSION OF A CHICKEN RESULTS IN HOMICIDE

Son Kills Father With a Machete
Sunday, 17 February -- Enrique M. Chiguina, a native of Guam, 24 years of age, surrendered himself to the police with the statement that he had just seriously injured his father, 51 years, on their ranch, in a quarrel over the possession of a chicken. The police investigation disclosed the fact that the injured man had died from a knife thrust in the breast.

During a drinking revelry a quarrel arose between the father and son over the possession of a chicken, after a fist encounter in which the father had his face slapped by the son, he drew his machete and attacked by thrusting as the other retreated. When but a few feet separated them, the son drew his machete and threw it. The blade entered his father's breast, who grasping the wound with one hand, replaced his machete in its scabbard with the other, and staggered to the ranch house, where he was found dead by the police. The trial is in progress as we go to the press.
Masquerader Caught Picking Pockets
Masquerading as a woman, Antonio T. Atoigue, native of Guam was caught in the act of picking the pocket of a U.S. Marine, New Year's Eve. The supposed member of the feminine sex becoming familiar with the Marine who happened at the time to be in the vicinity of the Agana Police Station, put her arms around him and was caught attempting to pick his pocket. The masquerader was placed under arrest and proved to be a man dressed in women's attire.

Needless to state, this modern Chamorro spent the first day of the new year in jail, and some months will no doubt pass before he will be at liberty to masquerade or to ply his trade as a pickpocket.

PAROLED ON DEATH BED

Maria S. Leon Guerrero, 34 years of age, serving a life sentence as an accomplice to the murder of her lover for which her husband paid the extreme penalty ten years ago, committed suicide March 5 while under treatment in the Naval Hospital for an advanced stage of tuberculosis, by taking a large dose of bichloride of mercury. The recent murder of Vicente Chiguina by his son, and the parole of another woman serving a life sentence, coupled with her incurable condition, is thought to have been the cause of her suicide. Acting upon a request for a pardon before death, Governor Shapley granted her parole, satisfying her dying request that she might not leave this world a prisoner.

GOVERNOR SIGNS DEATH SENTENCE

Antonio M. Cepeda to Die April 3rd
Governor Root, on March 23, signed the order of execution in the case of Antonio M. Cepeda, 22 years, a native of Guam, convicted of the murder of Jose S. Quintanilla, November 2, 1932.

After long deliberation over the verdict of the Court of Appeals, which sustained the sentence of the trial court in the case of Cepeda, charged with murder in the first degree, Governor Root signed the order of execution. Cepeda will suffer the extreme penalty by hanging April 3rd. The execution will take place at the Libugon Prison Farm between sunrise and sunset on the above date.

Cepeda, after a quarrel, shot Quintanilla down in cold blood, and from ambush, on a trail in the district of Yigo. Cepeda's brother, Pancracio, was a companion of the murdered man at the time of the crime and it was mainly upon his evidence that the murderer was convicted. Pancracio saw his brother Antonio escaping with a gun in his hands through the brush from his place where the shot was fired.

CLEMENCY FOR VIOLATION OF LIQUOR LAW

In keeping with the policy of reducing the severity of the penalties for violations of the Guam Liquor Laws, executive clemency was extended on 16 and 17 May, 1933, to 13 persons with unexecuted sentences for such violations. In general, this clemency consisted of the remission of one-half of the original fine or the part thereof remaining to be paid if less than one half of the original fine.

RITA CRUZ SENTENCED TO LIFE IMPRISONMENT

Rita Pangelinan Cruz was sentenced by Judge Vicente P. Camacho, to life imprisonment for the murder of Jose Cepeda Munoz, 37 years, on the 30th of October, 1932.

The body of Munoz was found on the Barrigada Road near Padre Palomo, San Antonio, where it had been dragged after death which had resulted from strangulation in the home of the Cruz woman.

Evidence produced at the trial incriminated Joaquin Pangelinan Quidachay, 18 years of age, a nephew of the convicted woman, it having been proved that he had taken part, if not in the actual killing, at least by assisting in an endeavor in hanging the body to make it appear that Munoz had committed suicide.

TAP THAT TUBA

The penalty for tapping trees for tuba without a license shall be an Executive fine of five dollars, for each tree so tapped; and the absence of the above mark on the trunk of a tapped tree shall be considered sufficient evidence for imposing the fine.

PRE-WAR COURT SYSTEM

Historian Paul Corano and Pedro C. Sanchez in "A Complete History of Guam," described the pre-World War II make-up of Guam's court system:

At the beginning of 1941, Captain Terrell J. Crawford, USMC, was judge of the Police Court. On June 6, 1941, when Captain Crawford left the island, Judge Manibusan became acting judge of the Police Court as well. The Island Court was a court of general jurisdiction. It handled most cases that were not specifically assigned by law to other courts. In addition, it heard all cases involving matters of probate, appointment of guardians, trustees and receivers, and all actions for the annulment of marriage and for divorce. This court also served as an appeals court for certain cases that arose in the lower courts. The Honorable Jose M. Camacho presided over the Island Court. Judge Camacho died on October 27, 1940, after having served the naval government for thirty-eight years.

The Court of Appeals was the highest court in the island's judicial system. It consisted of a presiding justice and four associate justices. During 1940-41, Lieutenant Commander Roger Edison Perry, USN, was the presiding justice. Associate justices were Lieutenant Commander Tilden I. Moe, USN; Lieutenant John F. Castree, USN; the Honorable Vicente P. Camacho; and the Honorable Ramon M. Sablan. In November 1940, Associate Justice Camacho resigned. The Honorable Jose L.G. Rios was appointed to fill the vacancy.

The Court of Appeals heard all criminal cases sent to it by the Island and Justice Courts, and all civil and special cases appealed from the Island Court. Whenever the Island Court ordered a prison sentence of more than one year, the judgment did not become final until the case was reviewed and approved by the Court of Appeals. Besides these duties, the Court of Appeals had the power to issue writs of mandamus, certiorari, prohibition, and habeas corpus. In addition, it could issue any other writs necessary for the proper exercise of its powers as an appeals court.

Department of Law: The legal department of the naval government was administered by the attorney general who was appointed by the governor. This department dealt with all legal matters in which the government was in any wise interested. It also handled all matters of public prosecution in the courts. As an extra duty, it processed all requests for the transfer of land. Since real property in Guam could not be sold without the approval of the governor, requests for such sales had first to be investigated by the island attorney. The incumbent at this time was Edward C. Duenas, who was beheaded by the Japanese toward the close of World War II.