Part 13

In addition to the public schools and higher educational institutions maintained by the State, there are many private schools and colleges, which offer fairly good facilities for general and special educational training. The Catholic church provides many schools that are well equipped for primary education.

A weak feature of the educational system of Chile, which possesses many excellent and commendable qualities, is the fact that the State schools are crowded with pupils from the wealthy families, to the neglect and exclusion of the children of the poor. The result is the education of a class in which the majority are ambitious to engage in the professions, rather than in the trades, agricultural and commercial life.

What Chile needs for the development of her varied and rich resources is engineers, mechanics, and men trained in agricultural and commercial pursuits, instead of musicians, artists, professors and politicians, for whom the government is expected to provide employment.

The fact that over sixty per cent. of the population is illiterate is due to various causes. The Chilean Roto is without ambition for himself or his family, and until education is made compulsory he will not attempt to lift his children above the low intellectual level in which he and his ancestors for generations have been content to live. He has yet to learn the importance to himself, to the State and society, of education, and mental training. Another drawback to primary education in the rural districts is the geographical and climatic conditions of the country. In many places the territory is sparsely settled and schoolhouses far apart. The country is mountainous, and in the winter season streams become raging torrents from the excessive rains, making journeys across country impossible for children of school age.

LANGUAGE

Spanish is the language of Chile, as it is of all South American countries, except Brazil, but in Chile it has taken on idioms until it differs in many particulars from the pure Castilian. Like all Latin languages it lends itself to elaborate speech, pleasing compliment, plentiful platitude, vague and uncertain meaning and is a charming means for the exchange of polite pleasantries. It possesses qualities that commend it especially for diplomatic usage, as the ordinary sentence, written or verbally expressed, can be construed to mean one thing or another to suit the desire or convenience of the person giving it utterance. These qualities, however, render it unsatisfactory as a commercial language, which should be direct and definite in meaning.

Perhaps no other language is so easily acquired by foreigners, and none is more beautiful and attractive when correctly spoken and properly enunciated than Spanish. There are no silent letters, and each word is pronounced as it is spelled. The verbs are irregular, but once the rules of grammar are learned, it is a matter of comparative ease to acquire facility of speech.

The Chilenos, like all Spanish speaking people, emphasize all verbal expressions with elaborate gestures. Their gesticulations are graceful, and instead of being objectionable, are attractive. They are born orators, and the average Chileno can deliver a most effective speech on any and all occasions, on short notice or with small provocation. Even small boys will harangue a crowd with well-chosen words formed into beautiful sentences, and delivered with splendid oratorical effect. This is true in the larger sense also, and the speeches delivered on public occasions, and in the legislative halls are as a rule excellent examples of the art of oratory. The meaning is often vague, and the language ambiguous, but the diction good. A speech delivered in Spanish in a well modulated voice, emphasized with sweeping and graceful gestures, is both pleasing and dramatic in effect.

In Valparaiso, the principal port and commercial city in the Republic, English is more generally used in the transaction of business than any other language, Spanish not excepted.

COURTS AND LEGAL PROCEDURE

In the formation of the Republic of Chile, the system of law courts and legal procedure was patterned after that prevailing in Spain, and included all of its antique, slow and cumbersome processes. The Spanish law was modeled after the Roman code, and the custom of the race to cling tenaciously to precedent, seldom accepting innovation or change in any practice once established, even to meet the exigencies of changed conditions, manifested itself in the administration of law in Spain. So, Chile inherited and adopted the system with all its crudities, slow processes and impracticable features. The Roman law was improved and amplified to meet new conditions and requirements, and Spain made changes in her laws, but Chile continues under the old and obsolete system copied from the mother country.

The courts, with their respective jurisdiction, are as follows:

FIRST.

Juzgado del Distrito (District Judges). This court, first in the order, has jurisdiction in civil cases up to an amount equal to fifty pesos. The procedure is verbal, but the result, which is delivered orally must be put in writing, as a record. All judgments must be in writing. No criminal cases are tried before these courts. There is no appeal in cases where the amount involved does not exceed twenty pesos. The judges receive no salary.

SECOND.

Jueces de Subdelegacion (Substitute Judges). The procedure in this court is practically the same as in the first mentioned, except that the amounts involved in cases tried therein, range from fifty to two hundred pesos, and all can be appealed. In rural districts, these courts have jurisdiction in petty criminal or police cases.

In certain cities, notably Valparaiso and Santiago, there are “Jueces de Apelacion” (Judges of Courts of Appeal), to whom go appeals from the first mentioned courts. They have jurisdiction in commercial cases involving an amount equal to two hundred pesos, and also in cases relating to pawn shops, governing which there is a special law, allowing only a certain per cent. to the holder, on articles pawned. If pawns are not redeemed within the time specified, they are sold at auction. With the proceeds the pawnholder is paid, and the residue, if any, is paid to the person pawning the article. If the money thus obtained is not claimed within a reasonable time it is turned into the general government fund. Where there are no Jueces de Apelacion, their functions are performed by Jueces de Letras. Jueces de Apelacion receive salary.

Jueces de Letras (Judges of Letters): These courts have jurisdiction in probate cases where there is no litigation; civil cases where the amount involved exceeds two hundred pesos, common mining and fiscal cases involving any sum, and criminal cases. In the more important cities and populous districts there are special Jueces de Letras for criminal cases.

The following named persons are not subject to jurisdiction in courts presided over by Jueces de Letras: Commanders of Military and Naval Forces; General Officers, whether of the Army or Navy; Inspector General of Military and Inspector General of National Guard; Members of the Supreme Court and Courts of Appeal; Public Prosecutor, Jueces de Letras, heads of church districts and their secretaries or vices; Consuls General, Consuls and Vice-Consuls; also municipal corporations and charitable institutions.

These judges also have jurisdiction in cases appealed from Jueces de Subdelegacion, and without appeal settle cases annulled in lower courts. Where there are no Jueces de Apelacion they perform these last named functions. Where there are two or more judges of the same class in one district, they hold court by weekly turns, except in Valparaiso, where the court of appeals sends each new case to a certain judge.

Courts of Appeal are located at Santiago, Valparaiso, Concepcion, La Serena and Tacna. In Santiago, the capital, these courts have twelve judges, and in Concepcion they have eight; the others five judges each. These courts have jurisdiction as follows:

FIRST.

In the second instance (that is to say on appeal), of the civil and criminal cases tried in the first instance by Judges of Letters within their district.

SECOND.

In single instance (no appeal allowed), of petitions for the nullifying of sentences rendered by Judges of Letters.

THIRD.

In the first instance, of the civil and criminal cases, in which may have an interest or be a direct party, the President of the Republic, the ministers of State, the governors of the provinces and governors of departments, the Chilean diplomatic agents, foreign diplomatic agents credited before the Chilean government or in transit through the territory; the archbishops, bishops, vicars general; and of accusations or civil claims against Judges of Letters to make effective the criminal and civil responsibility resulting from their official acts.

The Supreme Court, which is located in Santiago, has jurisdiction as follows:

FIRST.

In single instance (no appeal), of the petition for the nullification of judgments pronounced by the Courts of Appeal.

SECOND.

In the second instance, of the cases corresponding in the first instance to the Courts of Appeal, or to one member of the Supreme Court. One member of the court, according to the turn established by the court itself, judges in the first, including accusations and civil claims against one or more members of the Court of Appeals, to make effective their criminal or civil responsibility, and of the capture of prizes, extradition, and other cases to be judged according to international law.

Ministers of the Supreme Court, Ministers of the Courts of Appeal and Judges of Letters are appointed for an indefinite period, subject to good behavior. Judges of Subdelegations and of Districts are named for a term of two years.

The Supreme Court is composed of ten ministers. Judges of the Supreme Court and of the Courts of Appeal are named by the President. The high court prepares a list of persons possessing the necessary qualifications, which is presented to the Consejo de Estado (Council of State). From this list the Council selects three names, which are submitted to the President, and from which he may choose whoever he pleases. In the appointment of a Judge of Letters, the Judges of the Courts of Appeal, in whose jurisdiction the vacancy exists, prepare a list of fifteen persons who have the necessary qualifications and send it to the Consejo de Estado, which prepares therefrom a list of three, from which the President names the judge.

Judges of Subdelegations and Districts are named by the governors of the respective provinces, from lists of competent persons prepared by the Judges of Letters within their jurisdiction.

NECESSARY QUALIFICATIONS FOR JUDGES OF LETTERS.

Natural or acquired citizenship in the Republic; twenty-five years of age; the title of “abogado” (lawyer); judge in a department wherein is not the capital of the province; to have practiced law for two years in a department in which is located the provincial capital; to have practiced law six years, or served for two as department judge, or judge of a department wherein is a Court of Appeal; to have practiced law nine years, or served as judge for five years in a department, or for two years in the capital of a province.

MEMBERS OF COURTS OF APPEAL.

Natural or acquired citizenship; thirty-two years of age; the title of lawyer; to have practiced law for twelve years, or served for six as judge in a department, for four years in the capital of a province, or for two years in a city wherein there is a Court of Appeal.

TO BE A MEMBER OF THE SUPREME COURT.

Natural or acquired citizenship; thirty-six years of age; the title of lawyer; to have practiced for fifteen years, or served for eight years as judge in a department, for six years where there is the capital of a province, for four years where there is a Court of Appeal, or for two years as a member of one of these courts.

DISTRICT JUDGE OR JUDGE OF SUBDELEGATION.

Twenty years of age; reside within the district, and know how to read and write. A person who has obtained a title in one of the liberal professions may be District Judge, even if conditions one and three are lacking.

Each member of the Court of Appeal and of the Supreme Court becomes president by turns for the period of one year.

Judges of the Supreme Court receive salaries of 15,000 pesos annually, with an honorarium of 1,000 extra to the president of the court. The secretary gets 7,500 pesos a year. Ministers of Courts of Appeal, 9,000 pesos, with 500 gratuity to the president of same; secretary, 3,000. Judges of Letters, where there is a Court of Appeal, 7,500. Judges of Letters in the capital of a province, 6,000. Judges of other departments, 4,500.

QUALIFICATIONS FOR LAWYERS.

The necessary qualifications for engaging in the practice of law are: Twenty years of age; the title of “licentiate” in the faculty of laws and political sciences in the University of Chile; to have never been condemned in the courts, nor actually to have a case pending for a crime which demands corporal punishment. A five years’ course of study in one of the Liceos (colleges) is required. After an examination in one of the subjects included in the course, according to subject drawn by lottery, the student receives the degree of Bachelor in the University. After five years’ study in a University as Bachelor of Laws and Political Science, another year’s study is required before the degree of lawyer can be obtained. Only lawyers are permitted to plead in the Supreme Court and Courts of Appeal, unless the principal himself wishes to plead his own case.

Unfortunately there is a class of individuals other than lawyers who can appear for defendants in all the courts. They are known as “tinterillos,” and are the plague of the courts and a curse to the country. As a class they are without equal or comparison in any country. They are, as a rule, ignorant of the law, unscrupulous and dishonest. Their special prey is the poorer classes who have not the means to employ lawyers. Once a victim in the hands of a tinterillo, the unfortunate individual finds himself enmeshed in a maze of unscrupulous proceedings that are neither regular nor legal, and are calculated to draw him deeper into the intricacies of Chilean law. Their knowledge of practice is gained from observation, and not from the study of law or proceedings. They usually get cases mixed in an inextricable tangle, lengthen the proceedings, carrying them through wrongly, employ unlawful means in the way of false witnesses, etc. They are permitted to engage in their despicable practices in the courts under the democratic theory that in a Republic, liberty should be denied to none, though generally the evil effects of such liberty are painfully apparent. Because of this theory the evil continues, and nothing is done to eliminate the objectionable practice from the courts.

PRACTICE.

In ordinary civil actions the complaint is made in writing, with the petitions clearly specified. A demurrer to the complaint may be made by the defendant on certain legal grounds, but only once. Then comes the answer to the complaint, with possibly a counterclaim. After the answer comes the reply, with answer to counterclaim, if there be any. Then reply to the reply. Next comes the verification of pleadings. The judge decides the points to be presented. Within five days the parties to the suit present their list of witnesses, the judge orders thirty days for them to declare in, fixing within that time certain days wherein they are to be examined and cross-examined through the judge.

When the time expires, the plaintiff is given the papers for ten days for him to sum up the case in writing, and then ten days are given to the defendant for the same purpose. The judge then makes it known to the parties that he is going to pronounce sentence, which he is supposed to do within sixty days according to law. This is not always carried out according to the intent, however.

On appeal, in the upper court, the plaintiff presents a complaint and the defendant an answer, and a day is set for the case to be heard. Then the lawyers plead, after which comes the final sentence, from which there is no appeal, although possibly a petition for nullification, to be heard before the Supreme Court, may be presented.

In criminal cases there comes first the secret proceedings, or “sumario,” of which the accused has no cognizance till the judge has exhausted his means of investigation. So the evidence does not prove the existence of a crime and does not tend to fix it upon the accused. The case is either marked “sobresimiento” or else, when there are not enough proofs against the accused, he is “absuelto de la instancia” (absolved in this instance). Should there be proofs against the accused, the public prosecutor accuses (unless it is a private case, when of course the interested party does so). The accused answers, and proofs are received for a given number of days at the judge’s discretion (not above thirty). The hearing of the procedure is secret. Witnesses declare before the judge and alone, according to questions formulated in writing by the accused (if they are his witnesses). Proofs are likewise received at the same time in regard to the ability of the witnesses to act as such. When sentence is pronounced, whether an appeal is made or not, the case goes to the Court of Appeals for final decision,--final unless nullification of the decision is asked for, when it goes to the Supreme Court.

CRIME

Drink is the primary cause of much of the crime committed in Chile. It is in the despachos and roadhouses that secrets are divulged, confidences exchanged and robberies planned. There peons and inquilinos employed on farms and large haciendas reveal to the thieves, with whom they are often on friendly terms, the plans of their master’s properties, private roads, where animals are pastured, means of gaining entrance into houses, when sales of stock were made, the amount of money received and where it is kept. A robbery is proposed to the intoxicated servants, who readily acquiesce, more out of drunken gratitude for the liquor furnished by the thieves, than any motive of crime or gain. They are often induced to act as guides in directing the bandits to the home of their master. In this manner the cunning thieves protect themselves by making a shield of the servants, claiming in the event of detection before an assault is made, that they were only accompanying their friends home. When the house is reached one of the robbers goes to the door and raps. When the summons is answered he invents some plausible story of friendship, to induce those within to admit him. If refused he pleads that it be opened far enough to enable the persons addressed to recognize him. If the door is opened the robbers rush in, usually firing several shots in the house to terrify the inmates. Once inside no resistance is made to their helping themselves and pillaging the place, as the people know too well the cruel and heartless nature of the roto bandit. In the meantime the servants who piloted the marauders to the house have gone to their respective huts, as nothing could induce them to commit an assault upon their master’s house; neither do they share in the benefits of the robbery.

When satisfied that they have secured all the money in the house, and helped themselves to such food, drink, clothing or riding equipment as they may find and fancy, the robbers leave, threatening to return and murder the entire family, if an attempt is made to identify and punish them.

Bandits have private roads, usually on the higher ranges of hills, and as far as possible from the main thoroughfares. These bridle paths are much used at night, and if closed by a fence, are at once reopened. The men who infest these secret by-ways leading out from main traveled highways, and from one community to another, cannot be considered brave. They usually depend upon superior numbers, or the non-resident character of their victims, aided by cunning and diplomatic deceit. In self-defense, to avoid arrest or to secure their freedom, they will fight desperately, and without regard for life.

Many well-to-do people find it convenient to recognize this lawless class, for the reason that life and property are much more secure to friends of the bandits than is the case with those who seek to rid the country of their presence.

Land Owners Nos. 2 and 3 are usually the victims of these robbers. They seldom attack the residences on the large haciendas, confining their depredations in such places to the stealing of animals, or robbing their victims from big estates, on the roads. Another reason is that the houses on the haciendas are more strongly built and better arranged for resisting attacks. Then there are numerous servants about the house, some of whom are always on guard, and savage dogs roam about the gardens and grounds at night. The hacendado and his employés are usually well armed and know how to use their weapons. The windows of the fine country residences are protected with heavy iron bars. The doors of these houses are never opened after the family retires at night until the following morning, and the buildings are so well constructed that it is not an easy matter to gain admittance by force. Another reason why thieves seldom molest the hacendados in their homes is the fact that it would take too large a party to surround the house and guard it.

These freebooters are a part of every rural district in Chile. They generally own houses and small tracts of land which serve as a blind to their real occupation. Those who do not own property are protected and sheltered by those who do. As cattle thieves they have no rivals. They will go into the “potreros” of a farm at night, drive the animals into a “quebrada” (wooded ravine), where they kill and skin them and pack the meat into sacks prepared for the purpose. With a sack of meat behind each saddle and the skin of an animal in front, the robbers mount their horses and ride away. When day dawns they are leagues away from the scene of their depredations, and have disposed of their spoils for cash. They then seek some secluded spot where they spend the day sleeping, and resting their horses. There is no lack of “fences” and “underground systems,” where the bandits can readily dispose of their plunder. When seen at their humble homes these night marauders present the appearance of hard working, law abiding citizens, and any one of them can promptly prove that he has not been absent from home for many weeks. There is no means of procuring evidence against them, as they can secure as many witnesses as they desire in their defense. And it is impossible to get any damaging information from their families, even from the smallest children. No one can confess them; they are trained from infancy to observe discreet silence or give misleading information. Threats or punishment are of no avail.

The boldest, most fearless and notorious of the bandits have no fixed places of residence. Large private and government rewards are placed upon the heads of some of these desperadoes. Some of the more clever ones do not participate personally in the robberies and attendant crimes, but employ their talents in planning and directing the deeds. These clever managers often live what appears to be a most respectable life, having no fear of detection or interruption in the management of their reprehensible business. They are clever, cunning, subtle, penetrating, and always cautious. They have their trusted agents, through whom their plans are executed, and through whom they receive their profits in the business. These men levy tribute upon farmers, merchants and professional men.