Municipality of Ponce v. Roman Catholic Apostolic Church in Porto Rico

Citations

• 210 U.S. 296
• 28 S. Ct. 737
• 52 L. Ed. 1068
• 1908 U.S. LEXIS 1510

Syllabus

<p>Under the organic act of Porto Rico, March 2, 1901, 31 Stat. 77, the legislative assembly has express authority to legislate regarding the jurisdiction and procedure of its courts, and it has been usual for Congress to give such power to the legislatures of the Territories.</p> <p>Such legislation was not contrary to the Constitution and was in conformity with the power conferred by Congress upon the legislative assembly to regulate the jurisdiction of .the courts.</p> <p>Since April 11, 1899, Porto Rico has been de facto and de jure American territory, and its history and its legal and political institutions up to the time of its annexation will be recognized by this court.</p> <p>As to our insular possessions the Spanish law is no longer foreign law, and the courts will take judicial notice thereof so far as it affects those possessions.</p> <p>The act of legislative assembly of Porto-Rico of Ma'rch 10, 1904, conferring jurisdiction on the Supreme Court of Porto Rico for the trial and adjudication of property claimed by the. Roman Catholic Church was within its legislative power.</p> <p>The general prohibition in the act of July 30, 1886, 24 Stat. 170; against territorial legislatures passing special laws does not apply where specific permission is granted by the organic'act of a particular Territory.</p> <p>Because it gives a certain corporation a right to maintain an action, a law cannot be regarded as a special law granting an exclusive privilege where it confers equal rights upon the people and the municipalities affected by the right and interested in matters affected.</p> <p>A dedication to a public or charitable use may exist, even where there is no specific corporate entity to take as grantee. Werlein v. New Orleans, 177 U. S. 390.</p> <p>The Roman Catholic Church has been recognized as possessing legal personality by the treaty of Paris with Spain of 1898 and its property rights solemnly safeguarded. In so doing the treaty followed the recognized rule