Ochoa v. Hernandez Y Morales

Citations

• 230 U.S. 139
• 33 S. Ct. 1033
• 57 L. Ed. 1427
• 1913 U.S. LEXIS 2684

Syllabus

<p>Under § 35 of the Foraker Act, appeals from the District Court of the United States for Porto Rico are subject to the provisions applicable to appeals from the Supreme Courts of the Territories under thq act of April 7,1874, under which the jurisdiction of this court is confined, in a case where there are no errors assigned upon questions of evidence, to determining whether the findings of the court below support the judgment. Rosaly v. Graham, 227 U. S. 584.</p> <p>Even if the commanding officer in territory occupied by military forces of the United States has all the legislative power as to such territory possessed by Congress, he is still subject, as Congress is, to the provisions of the Fifth Amendment and cannot by military orders deprive persons of their property without due process of law.</p> <p>To shorten .the period for acquisition of title by prescription and give the order a retroactive effect so that the period has elapsed at the time the order is made without giving those who have interests in the property an opportunity to be heard and saving no existing rights, amounts to'taking .property without due process of law.</p> <p>The provision in the judicial order of General Henry published April 7, 1899, during the military occupation,of Porto Rico by the United States, reducing the period for prescriptive title to.real estate in that island from the periods previously established by law down to-six years with retroactive effect arid without any opportunity for third ■ parties to be hoard, amounted to' a deprivation of property of the actual owners without due process of law and was beyond the power of the Military'Governor;-nor was this provision ratified by any sub- . sequent action of Congress.</p> <p>The status of Porto Rico during the military occupancy and before the exchange of ratifications of the treaty of peace, was the same as that, of the Philippine Islands during the same period.</p> <p>From the exchange of ratifications -until Congress ac