People v. Reynolds
People v. Reynolds
Opinion of the Court
delivered the opinion of the Court.
Ruth M. Reynolds, Rafael Burgos Fuentes, José Mejias
The second count is to the effect that all the defendants, on or about October 26 and 27, 1950, and in, the municipalities of-Fajardo and San Juan, promoted, advocated, advised, and preached the necessity, desirability, and expediency of overthrowing, paralyzing, and subverting the Insular Government of Puerto Rico and the political subdivisions thereof by force and violence, “at a meeting held in the municipality of Fajardo, where they boarded an automobile, bearing license plate PA 53-664, in which they carried and had at their disposal firearms and incendiary bombs, the defendants herein having left in the automobile for the city of San Juan together with other automobiles,- also occupied by leaders and active members of the group known as the ‘Nationalist Party of Puerto Rico,’ all of which was part of a separatist movement headed by the defendants . . . and other individuals, all of whom were members of the group known as the ‘Nationalist Party of Puerto Rico,’ aimed at securing the separation of Puerto Rico from the United States by force and violence, and for the purpose of participating in the revolt of October 30, 1950, resulting from such separatist movement.”
Ruth M. Reynolds was tried by a jury and the other codefendants by a court without a jury, after the latter waived trial by jury. However, all the defendants were tried at a single trial. The jury found Ruth M. Reynolds guilty of the first count and not guilty of the second. The presiding judge on his part acquitted José Mejias Flores and found Rafael Burgos Fuentes and Eduardo López Váz-quez guilty. Ruth M. Reynolds was sentenced to serve from 2 to 6'years in the penitentiary; Burgos Fuentes from one
Euth M. Beynolds, appellant herein, charges the lower court with the commission of several errors.
According to that evidence, an assembly of the Nationalist Party of Puerto Eico was held on December 18, 1948 in the Navas Theater in Arecibo. Some of the leaders of that group and its president, Pedro Albizu Campos, occupied seats on the rostrum of the theater. The assembly was attended by some 500 persons, among whom was appellant Euth M. Beynolds. The Committee on Eesolutions, previously designated by Albizu Campos, announced sometime in the afternoon that it submitted to the assembly the names of Pedro Albizu Campos, Jacinto Eivera Pérez, and Bai-mundo Diaz Pacheco for President, Vice President, and Treasurer, respectively, of the Nationalist Party, which nominations were unanimously accepted. Thereupon Albizu Campos proceeded to make other appointments and after-wards announced that he wished to say a few words. In his speech he accused the Nationalists of being indifferent to the movement; of not doing their duty when ordered to raise funds needed by the party; of not being as patriotic
The remainder of the evidence offered against appellant tended to prove (a) that from July 19, 1949 to November 2, 1950, she lived in the homes of Nationalists Juan Alamo
As to the specific charge made in the information against these other codefendants, the evidence for the prosecution showed the following: On the night of October 26, 1950, the Nationalist Party was holding a meeting in Fajardo to commemorate the birth of General Valero. The Cadets of the Republic met in the morning of that day at the Ave-nida General Valero, and from there left for the Catholic Church of Fajardo accompanied by members of the Nationalist Party, among whom were Albizu Campos, Ruth M. Reynolds, and Burgos Fuentes. Codefendant López Vázquez
The other evidence against these codefendants is practically the same as that offered against Ruth M. Reynolds, and
Is that evidence sufficient to uphold a conviction under § 1(1) of Act No. 53? We think not. We have already seen that what that subdivision prohibits is to 'promote, advocate, advise, or preach, wilfully or knowingly, the necessity, desirability, or expediency of overthrowing, paralyzing, or subverting the Insular Government, or any political subdivision thereof, by means of force or violence. This language as well as that used in the other provisions of Act No. 53 is similar to the language of §2 (a) (1), (2), and (3) of the Federal Act known as the Smith Act.
There is no question, and the appellee seems to admit it, that the terms advocate, advise, and preach imply the use of language. The term “abogar”, which is the Spanish translation used in our Act of the English term “advocate”, has two acceptations according to the Diccionario de la Lengua Española, 1949 ed., p, 5, to wit: 1. “To defend at a trial, in writing or by word of mouth. 2. fig. To intercede, to speak in favor of someone.” “Advocate” is defined in the Century Dictionary as “the act of pleading for, supporting, or recommending; active espousal.” Gitlow v. New York, 268 U.S. 652. The term “advocate” means, according to the Standard Dictionary: “To speak in favor of; one who espouses, defends, or vindicates any cause by argument; a pleader, upholder, as an advocate of the oppressed.” See Ex Parte Bernat, 255 Fed. 429. That term is primarily employed in the Smith Act with that signification. United
It is obvious from the foregoing that all these terms mean to incite to action, and we are inclined to decide that that is the spirit of the law. There is no question that the statute in the first subdivision of § 1 prohibits subversive propaganda by word of mouth, whether labelled to promote, advocate, advise, or preach. People v. Burgos et al., supra.
The Fiscal of this Court seems to admit that the mere fact of taking an oath, as was done by appellant Ruth M. Reynolds at the Arecibo assembly, or boarding an auto
“It was the facts above recited, and not as alleged by appellants in their briefs, what was imputed and proved in the respective charges in which defendants-appellants were found guilty of violation of Act No. 53, supra ”
The Fiscal might be right if appellants had been accused and convicted of belonging to or being affiliated with a subversive association with knowledge of its purpose, or of a conspiracy to commit the different acts prohibited by Act No. 53. However, The People was bound, under the information filed against appellants, to prove that they promoted, advocated, advised, or preached something which the law prohibits, namely, the necessity, desirability, and propriety of overthrowing, paralyzing, or destroying the Government of Puerto Rico by force or violence. Neither the oath taken by Ruth Reynolds nor her affiliation with the Nationalist Party, nor her attendance at different public functions held by that group, can be branded as criminal under subd. 1 of Act No. 53. We are not deciding here whether or not the activities in which appellants are engaged constitute some other crime under Act No. 53. Our decision is confined to the facts appearing from the record of this case. Such facts,
In view of the foregoing, the judgments appealed from will be reversed and another entered acquitting defendants-appellants.
This Act was amended by Act No. 13 of December 20, 1950 (Spec. Sess. Laws, p. 368). The acts charged against appellants occurred prior to the amendment. Therefore, the information charges a violation of the original Act, which provides in part as follows:
“Section 1. — The commission by any person of any of the following-acts, shall constitute a felony punishable by a maximum penalty of ten (10) years imprisonment in the penitentiary, or by a maximum fine of ten thousand (10,000) dollars, or by both penalties:
“1. To promote, advocate, advise or preach, wilfully or knowingly, the necessity, desirability, or expediency of overthrowing, paralyzing, or subverting the Insular Government, or any political subdivision thereof, by means of force or violence;
“2. To print, publish, edit, circulate, sell, distribute, or publicly exhibit, with the intent of overthrowing, paralyzing or subverting the Insular Government or any political subdivision thereof, any writing or publication by which the necessity, desirability, or convenience of overthrowing, paralyzing, or subverting the Insular Government, or any political subdivision thereof, by means of force or violence, is promoted, advocated, advised or preached;
“3. To organize or help to organize any association, group or assembly of persons who promote, advocate, advise, or preach the overthrowing or subverting of the Insular Government, or any subdivision thereof, by means of force or violence.”
In the appeal taken by Ruth M. Reynolds, the American Civil Liberties Union moved for and obtained leave to appear, and did appear, as amicus curiae. .
At the hearing held in .this Court, the appellant withdrew the errors relative to the selection of . the jury and the admission of certain evidence. The contention as to the unconstitutionality of Act No. 53 of 1948 was decided by us against her in the recent case of People v. Burgos, 75 P.R.R. 517. The American Civil Liberties Union does not question the constitutionality of the statute.
The text of Albizu Campos’ speech, as related by a witness for The People, is as follows:
“ ‘That the Nationalists in Puerto Rico were indifferent to the liberating movement; that Julio de Santiago, Treasurer of the Party, had done all he could, but you — referring to the assembly — cannot imagine what that poor fellow has been through. Let me tell you that the Nationalist movement must be strengthened; that when one of you is charged with a mission, I do not wish you to go to San Juan and tell me that you have been unable to carry it out; that when an order is given to take a collection for the Nationalist Party, you are the ones who must raise the funds. We cannot ask anything of the enemies of the liberating movement; it is not two nor three thousand dollars that we need, it is hundreds of thousands of dollars that the liberating movement needs to carry out its commitment, and that if the old members believe that they are patriots just because they attend the assemblies and meetings of the party and served their federal sentences, they are mistaken. Manuel Suárez Diaz, who in 1936 and while still a youngster gave his life on the Capitol steps to prevent the profanation of the flag of our country, was a patriot. López Antongiorgi, who at the age of 20 years was faced with the bullets of imperialism, was a patriot.
“I do not wish to hear about the four or five cadets that we have in each town. I wish the Liberating Army to be the strongest in Puerto Rico, ready for action. He finally said: T must have by tomorrow morning, in San Juan, $600 to be used in setting up the briefs in the cases of the six Nationalists convicted of evading the Selective Service, and that these briefs had to be filed in English in the Circuit Court of Boston.’ ”
These functions were: Annual Assembly of the Nationalist Party held on December 19, 1948, .in the Ateneo; Commemoration of the “Ponce Massacre” of March 21, 1949; Commemoration of the birth of José de Diego in San Juan on April 18, 1949; Act of protest held in Guánica on July 25, 1949; Commemoration of “Grito de Lares” on September 23, 1949; Commemoration of the birth of General Valero, in Fajardo, on October 28, 1949; and Commemoration of the Discovery of Puerto Rico, in Aguada, on November 19, 1949.
Alien Registration Act, passed by the Congress of the United States on June 28, 3940.
Section 2(a)(1), (2), and (3) of the Smith Act reads as follows:
“Sec. 2. (a) It shall be unlawful fox any person—
“(1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government;
“(2) with intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence;
“(3) to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.