Monday, Aug. 15, 1938

Revived Law

One thing Secretary of the Interior Harold Le Clair Ickes found to his liking when the administration of Puerto Rico was shifted from the War to the Interior Department four years ago. It was a statute, incorporated by Congress in the Island's first Organic Act (dating from the trust-fearing days of 1900) and reincorporated in the present Organic Act (1917), limiting the amount of land any corporation could own for agricultural purposes to 500 acres. Crusty Mr. Ickes well knew that few of Puerto Rico's sugar companies own less than 500 acres. He demanded that island authorities enforce this law. Last week the first attempt to enforce it landed in Puerto Rico's Supreme Court at San Juan.

Defendant in the test action was Rubert Hermanos, Inc., which owns 12,188 acres of sugar land and operates the Central San Vicente. Rubert Hermanos, Inc. maintained: 1) that it was engaged primarily in sugar manufacture rather than agriculture; 2) that the Government was estopped from withdrawing the Hermanos franchise because the law had been neglected so long. Down from the bench came a contrary opinion canceling the Hermanos franchise and imposing a fine of $3,000 (the statute violation is a civil, not criminal offense). As for Rubert Hermanos' contention, crackled Associate Justice Martin Travieso:

"The allowance of such a plea would make it possible for the owner of a gambling establishment or bawdy house to claim immunity from prosecution and the right to continue in such illegal business upon proof of its operation for a number of years without interference by the police."

Defense Attorney Jaime Sifre Jr., whose other big clients, Fajardo Sugar Co. and Central Cambalache, Inc. are docketed for trial when the Court reconvenes in November, pondered an appeal. If he does so the Hermanos case will go to the U. S. Circuit Court of Appeals at Boston.

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