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81-530: Charles Edward Magoon (December 5, 1861 – January 14, 1920) was an American lawyer , judge , diplomat , and administrator who is best remembered as a governor of the Panama Canal Zone ; he also served as Minister to Panama at the same time. He was Provisional Governor of Cuba during the American occupation of Cuba from 1906 to 1909. He was the subject of several scandals during his career. As

162-412: A Republican or a Democrat . The position could be considered similar to that of the leader of the opposition in parliamentary systems . In bicameral legislatures, the counterpart to the minority leader in the lower house is the speaker , and the majority leader is hence only the second-most senior member of the majority caucus. Contrastingly, in upper houses , the titular speaker is frequently

243-448: A legal monopoly over the profession. In some countries, litigants have the option of arguing on their own behalf. In other countries, like Venezuela, no one may appear before a judge unless represented by a lawyer. The advantage of the latter regime is that lawyers are familiar with the court's customs and procedures, making the legal system more efficient for all involved. Unrepresented parties often damage their own credibility or slow

324-455: A scrivener or clerk may fill out court forms and draft simple papers for laypersons who cannot afford or do not need attorneys, and advise them on how to manage and argue their own cases. In most developed countries, the legislature has granted original jurisdiction over highly technical matters to executive branch administrative agencies which oversee such things. As a result, some lawyers have become specialists in administrative law . In

405-480: A Cabinet position. Ultimately Magoon did not take up any of those new responsibilities and formally entered retirement. He lived quietly and died in Washington, D.C., in 1920 after complications from surgery for acute appendicitis. Lawyer The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system , as well as the lawyer's area of practice. In many jurisdictions,

486-639: A Puerto Rico Tariff Act that would have been unconstitutional had the first definition been kept. This was a largely partisan issue at the time—the Republicans were in favor of this Act, but it was strongly denounced by Democrats . During the ensuing debate, the existence of the original report was discovered by the Democrats, who requested that the War Department release the earlier report to them so they could be compared "side by side". The request

567-549: A broad field of legal matters. In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys. Lawyers in private practice generally work in specialized businesses known as law firms , with

648-524: A commissioner. According to President Roosevelt, Magoon deserved the position because he had "won his spurs" working in the War Department and was well respected. Although Magoon was working for the Canal project, his office and residence remained in Washington, DC. On March 29, 1905, President Roosevelt unexpectedly called for the simultaneous resignations of all members of the Canal Commission and

729-541: A diplomat, such as Magoon, to hold a separate administrative position. Rather than remove Magoon from one of his positions, he was named to become vice governor-general of the Philippines . Ultimately, this offer was rescinded before it could take effect, and he was instead appointed governor of Cuba. See Mellander, Gustavo A., Mellander, Nelly, Charles Edward Magoon: The Panama Years. Río Piedras, Puerto Rico: Editorial Plaza Mayor. ISBN 1-56328-155-4. OCLC 42970390. (1999),

810-497: A few countries, there is a special category of jurists with a monopoly over this form of advocacy; for example, France formerly had conseils juridiques (who were merged into the main legal profession in 1991). In other countries, like the United States, lawyers have been effectively barred by statute from certain types of administrative hearings in order to preserve their informality. In some fused common law jurisdictions,

891-506: A government agency in order to receive maximum protection under the law. The division of such work among lawyers, licensed non-lawyer jurists/agents, and ordinary clerks or scriveners varies greatly from one country to the next. In some countries, the negotiating and drafting of contracts is considered to be similar to the provision of legal advice, so that it is subject to the licensing requirement explained above. In others, jurists or notaries may negotiate or draft contracts. Conveyancing

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972-474: A large majority of law students never actually practice, but simply use their law degree as a foundation for careers in other fields. In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their Anglo-American counterparts, it

1053-566: A law degree have to undergo further education and professional training before qualifying as a lawyer, such as the Bar Professional Training Course . In other jurisdictions, particularly the United States and Canada, law is taught at the graduate level following the completion of an unrelated bachelor's degree. In America, the American Bar Association decides which law schools to approve for

1134-537: A lawyer vary greatly across countries. In some countries, law is an undergraduate degree culminating in a bachelors or master's degree in law. In some of these jurisdictions, it is common or even required for students to earn another bachelor's degree at the same time. Where law is taught as an undergraduate degree, legal training after law school may comprise advanced examinations, apprenticeships, and additional coursework at special government institutes. For example, in many English common law jurisdictions, individuals with

1215-598: A legal advisor working for the United States Department of War , he drafted recommendations and reports that were used by Congress and the executive branch in governing the United States' new territories following the Spanish–American War . These reports were collected as a published book in 1902, then considered the seminal work on the subject. During his time as a governor, Magoon worked to put these recommendations into practice. In summary: Magoon

1296-501: A license to practice. Some countries require a formal apprenticeship with an experienced practitioner, while others do not. A few jurisdictions still allow an apprenticeship in place of any kind of formal legal education, though the number of persons who actually become lawyers that way is increasingly rare. The career structure of lawyers varies widely from one country to the next. In most common law countries, especially those with fused professions, lawyers have many options over

1377-418: A nonmember caught practicing law may be liable for the crime of unauthorized practice of law . Minority Leader The minority leader in U.S. politics (as well as in some other countries utilizing the presidential system ) is the floor leader of the second largest caucus in a legislative body. Given the two- party nature of the U.S. system, the minority leader is almost inevitably either

1458-525: A practice which was transferred to many countries in South America and Macau . In some jurisdictions, the term "doctor" has since fallen into disuse, but it is still in use in many countries within and outside of Europe. The title of doctor has traditionally not been used to address lawyers in England or other common law countries. Until 1846, lawyers in England were trained by apprenticeship or in

1539-560: A prominent law firm. In 1882, he was admitted to the bar and practiced law in Lincoln, Nebraska . Eventually, he was made a partner in the firm. He also became the judge advocate of the Nebraska National Guard and continued to use the title of "Judge" throughout the remainder of his career. By 1899, Magoon was sought out to join the law office of the newly created Division of Customs and Insular Affairs, later renamed

1620-487: A separately elected officer such as a lieutenant governor or vice president . The minority leader is often assisted in their role by one or more whips , whose job is to enforce party discipline on votes deemed to be crucial by the party leadership and to ensure that members do not vote against the position of the party leaders. Some votes are deemed to be so crucial as to lead to punitive measures (such as demotion from choice committee assignments) for members who violate

1701-416: A similar distinction to the common law tradition exists between advocates and procurators . Because each country has traditionally had its own method of dividing up legal work among its legal professionals, it has been difficult to formulate accurate generalizations that cover all the countries with multiple legal professions. Other kinds of legal practitioners include: While some jurisdictions regulate

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1782-584: A single type of lawyer. Most countries in this category are common law countries, though France, a civil law country, merged its jurists in 1990 and 1991 in response to Anglo-American competition. In countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. In some jurisdictions descended from the English common law tradition, including England and Wales, there are often two kinds of lawyers. A barrister (also known as an advocate or counselor)

1863-479: A special class of legal professionals–the licensed conveyancer –is also allowed to carry out conveyancing services for reward. In many countries, only lawyers have the legal authority to draft wills , trusts , and any other documents that ensure the efficient disposition of a person's property after death. In some civil law countries, this responsibility is handled by civil law notaries. In many civil law countries, prosecutors are trained and employed as part of

1944-496: A traditional preference for full-time law programs, while in developing countries, students often work full- or part-time to pay the tuition and fees of their part-time law programs. Law schools in developing countries share several common problems, such as an over reliance on practicing judges and lawyers who treat teaching as a part-time commitment, a concomitant scarcity of full-time law professors), incompetent faculty with underqualified credentials, and textbooks that lag behind

2025-404: Is a lawyer who typically specializes in arguing before courts, particularly in higher courts. A solicitor (or attorney) is a lawyer who prepares cases and gives advice on legal subjects. In some jurisdictions, solicitors also represent people in court. Fused professions, where lawyers have rights of both barristers and solicitors, have emerged in other former English common law jurisdictions, such as

2106-519: Is commonplace. Some large businesses employ their own legal staff in a legal department. Other organizations buy in legal services from outside companies. In some jurisdictions, either the judiciary or the Ministry of Justice directly supervises the admission, licensing, and regulation of lawyers. Other jurisdictions, by statute, tradition, or court order, have granted such powers to a professional association which all lawyers must belong to. In

2187-451: Is contemplated or is in progress. In these jurisdictions, even conveyancers and corporate in-house counsel must first get a license to practice, though they may actually spend very little of their careers in court. Some jurisdictions have made the violation of such a rule the crime of unauthorized practice of law . In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals or to corporations, and it

2268-489: Is difficult for German judges to leave the bench and become advocates in private practice. Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. In a few civil law countries, such as Sweden, the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas. In many countries, lawyers are general practitioners who represent clients in

2349-665: Is irrelevant if they lack a license and cannot appear in court. Some countries go further; in England and Wales, there is no general prohibition on the giving of legal advice. Singapore does not have any admission requirements for in-house counsel. Sometimes civil law notaries are allowed to give legal advice, as in Belgium. In many countries, non-jurist accountants may provide what is technically legal advice in tax and accounting matters. In virtually all countries, patents , trademarks , industrial designs and other forms of intellectual property must be formally registered with

2430-553: Is the drafting of the documents necessary for the transfer of real property , such as deeds and mortgages . In some jurisdictions, all real estate transactions must be carried out by a lawyer. Historically, conveyancing accounted for about half of English solicitors' income, though this has since changed, and a 1978 study showed that conveyancing "accounts for as much as 80 percent of solicitor-client contact in New South Wales ." In most common law jurisdictions outside of

2511-699: The Bureau of Insular Affairs , in the U.S. Department of War under Secretary of War Russell A. Alger . Legal and political controversies had arisen regarding whether the people of the newly acquired territories were automatically granted the same rights under the United States Constitution as American citizens. Magoon prepared a report to Alger in May 1899 that would have established the official departmental policy as "the Constitution follows

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2592-482: The "cab rank rule", to accept instructions for a case in an area in which they held themselves out as practicing, at a court at which they normally appeared and at their usual rates. Legal advice is the application of abstract principles of law to the concrete facts of the client's case to advise the client about what they should do next. In some jurisdictions, only a properly licensed lawyer may provide legal advice to clients for good consideration , even if no lawsuit

2673-674: The Commission, Congress increasingly fought or raised questions about the appointments of replacement commissioners. In November 1905, Panama was visited by Poultney Bigelow , a lecturer and writer for the American Geographical Society , who wrote a scathing report on progress in the Canal Zone—a report that was well-publicized in the States. This report criticized the efficiency of the work being performed as well as

2754-659: The Constitution to the Northwest Territory and the Louisiana Purchase . This revised report was dated February 12, 1900, and released to Congress as a policy document expressing the Department's official stance on the issue. This view was largely adopted by the Supreme Court of the United States beginning in 1901 in the so-called " Insular Cases ." During this period, Congress was debating

2835-575: The Cuban nation, and on account of his venality was looked upon with contempt." Other Cuban historians point to the fiscal wastefulness of Magoon's tenure, which "left a bad memory and a bad example to the country" and returned Cuba to the corrupt practices of colonial times. On January 28, 1909, the sovereign government of Cuba was restored, and José Miguel Gómez became president. No explicit evidence of Magoon's corruption ever surfaced, but his parting gesture of issuing lucrative Cuban contracts to U.S. firms

2916-532: The Department of War. In 1902, his work on the legal foundations of the new civil governments was released to the public as a book, Reports on The Law of Civil Government in Territory Subject to Military Occupation by the Military Forces of the United States, etc. It was reprinted several times and was considered the seminal text on the subject. In late 1903, Secretary Root announced that he

2997-867: The Inns of Court, with no undergraduate degree being required. Although the most common law degree in the United States is the Juris Doctor , most J.D. holders in the United States do not use the title "doctor". It is, however, common for lawyers in the United States to use the honorific suffix "Esq." (for " Esquire "). In French ( France , Quebec , Belgium , Luxembourg , French-speaking area of Switzerland ) and Dutch -speaking countries ( Netherlands , Belgium ), legal professionals are addressed as Maître ... , abbreviated to M ... (in French) or Meester ... , abbreviated to mr. ... (in Dutch). In Poland ,

3078-461: The U.S., such associations are known as mandatory, integrated, or unified bar associations . In the Commonwealth of Nations, similar organizations are known as Inns of Court , bar councils or law societies . In civil law countries, comparable organizations are known as Orders of Advocates, Chambers of Advocates, Colleges of Advocates, Faculties of Advocates, or similar names. Generally,

3159-401: The United States, India, and Pakistan. On the other hand, civil law jurisdictions do not have "lawyers" in terms of a single general-purpose legal services provider. Rather, their legal professions consist of a large number of different kinds of legally-trained persons, known as jurists , some of whom are advocates who are licensed to practice in the courts. In some civil law countries,

3240-534: The United States, this monopoly arose from an 1804 law that was introduced by William Pitt the Younger as a quid pro quo for the raising of fees on the certification of legal professionals such as barristers, solicitors, attorneys, and notaries. In others, the use of a lawyer is optional and banks, title companies, or realtors may be used instead. In some civil law jurisdictions, real estate transactions are handled by civil law notaries. In England and Wales,

3321-461: The War Department to publish an English edition of the complete Civil Code of Panama , which he codified as the law of the Canal Zone on May 9, 1904. This was the first time that the complete civil code of a Spanish -speaking country not a U.S. territory had been translated into English. It was significant that he did not make changes to these laws when "importing" them into the legal system of

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3402-414: The all-too-common outbreaks of yellow fever and malaria . At first, he refused to believe that the diseases were carried by mosquitos because, he reasoned, the native population would have been more affected. At this time, the nature of human acquired immunity to diseases was not well understood. The Chicago Tribune , in an article about conditions in the canal, referred to the notion that yellow fever

3483-427: The appointment was announced to the Cuban public via the newspapers. In his written appointment address to the country, Magoon indicated that he would "perform the duties provided for by the ... constitution of Cuba for the preservation of Cuban independence". He was there, in short, to restore order and not to colonize. During Magoon's time as governor, the remaining revolutionaries were defeated, and his attention

3564-432: The bar use the title "Avvocato", abbreviated in "Avv." Some lawyers, particularly barristers and advocates, argue the legal cases of clients case before a judge or jury in a court of law. In some jurisdictions, there are specialist lawyers who have exclusive rights of audience before a court. In others, particularly fused legal jurisdictions, there are lawyers who specialize in courtroom advocacy but who do not have

3645-530: The best study of Magoon's years in Panama. In 1906, Cuba was in the midst of a constitutional crisis as a result of a disputed election and an attempt by elected President Tomás Estrada Palma to stay in power after the conclusion of his term. This led to a revolt, and the U.S. military sent in 5,600 men to reassert control over the country in what would be called the Second Occupation of Cuba . This

3726-412: The client and then brief a barrister, usually in writing. The barrister then researches and drafts the necessary court pleadings, which will be filed and served by the solicitor, and orally argues the case. In Spanish civil law, the procurator merely signs and presents the papers to the court, but it is the advocate who drafts the papers and argues the case. In other civil law jurisdictions, like Japan,

3807-404: The client-lawyer relationship begins with an intake interview where the lawyer gets to know the client personally, following which the lawyer discovers the facts of the client's case, clarifies what the client wants to accomplish, and shapes the client's expectations as to what actually can be accomplished. The second to last step begins to develop various claims or defenses for the client. Lastly,

3888-452: The country, the education required to become a lawyer can range from completing an undergraduate law degree to undergoing postgraduate education and professional training. In many jurisdictions, passing a bar examination is also necessary before one can practice law. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in upholding

3969-449: The course of their careers. Besides private practice, they can become a prosecutor , government counsel, corporate in-house counsel, administrative law judge , judge , arbitrator , or law professor . There are also many non-legal jobs for which legal training is good preparation, such as politician , corporate executive , government administrator, investment banker , entrepreneur , or journalist . In developing countries like India,

4050-412: The court down as a result of their inexperience. Often, lawyers brief a court in writing on the issues in a case before the issues can be orally argued. They may have to perform extensive research into relevant facts. Also, they draft legal papers and prepare for an oral argument. In split common law jurisdictions, the usual division of labor is that a solicitor will obtain the facts of the case from

4131-423: The current state of the law. Some jurisdictions grant a " diploma privilege " to certain institutions, so that merely earning a degree or credential from those institutions is the primary qualification for practicing law. Mexico allows anyone with a law degree to practice law. However, in a large number of countries, a law student must pass a bar examination (or a series of such examinations) before receiving

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4212-482: The earlier adoption of Panama's penal system in the Zone. One major point of contention was that it did not allow for trial by jury for American citizens arrested there. They raised questions as to the quality of the judges in the territory and other issues. There was no official outcome from these hearings, but Congress subsequently passed a Consular Reform Bill which included a provision that specifically would not allow

4293-520: The exception of English barristers. The vast majority of law firms worldwide are small businesses that range in size from 1 to 10 lawyers. The United States, United Kingdom and Australia are exceptions, home to several firms with more than 1,000 lawyers after a wave of mergers in the late 1990s. Notably, barristers in England, Wales, Northern Ireland and some states in Australia do not work in law firms. Those who offer their services to members of

4374-627: The flag." Under this view, the moment the treaty transferring the territories to U.S. sovereignty was signed, the residents of Puerto Rico, the Philippines, and other territories became subject to all the rights granted by the Constitution. For the new territories following the Spanish–American War, this would have been from the signing of the Treaty of Paris on December 10, 1898. With the resignation of Secretary Alger, this incomplete report

4455-550: The form of apprenticeships or special clinical courses. Others, like Venezuela, do not. A few countries prefer to teach through assigned readings of judicial opinions (the casebook method ) followed by intense in-class cross-examination by the professor (the Socratic method ). Many others focus on theoretical aspects of law, leaving the professional and practical training of lawyers to apprenticeship and employment contexts. Some countries, particularly industrialized ones, have

4536-416: The general public—as opposed to those working in-house — are generally self-employed. Most work in groupings known as "sets" or "chambers", where some administrative and marketing costs are shared. An important effect of this different organizational structure is that there is no conflict of interest where barristers in the same chambers work for opposing sides in a case, and in some specialized chambers this

4617-474: The governor of the Panama Canal Zone, George Whitefield Davis . According to Secretary of War William Howard Taft , this clean sweep was due to the "inherent clumsiness" of the Commission, especially as related to sanitary problems in the Zone, as well as the difficulty of reaching consensus between the current seven commissioners. Several days later, replacement appointments were announced: Magoon

4698-436: The judiciary. They are law-trained jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common law countries, prosecutors are usually lawyers holding regular licenses who work for the government office that files criminal charges against suspects. Criminal defense lawyers specialize in the defense of those charged with any crimes. The educational prerequisites for becoming

4779-402: The lawyer explains her or his fees to the client. In England, only solicitors were traditionally in direct contact with the client, but barristers nowadays may apply for rights to liaise with clients directly. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client. In most cases barristers were obliged, under what is known as

4860-542: The legal profession is divided into various branches — including barristers , solicitors , conveyancers , notaries , canon lawyer — who perform different tasks related to the law. Historically, the role of lawyers can be traced back to ancient civilizations such as Greece and Rome. In modern times, the practice of law includes activities such as representing clients in criminal or civil court, advising on business transactions, protecting intellectual property, and ensuring compliance with laws and regulations. Depending on

4941-470: The letter of the law. Congress had already rejected a request by the President to formally make the Commission a three-member body; restructuring the organization was an end-run by the President around that restriction. In order to assume his new duties, Magoon relocated to the Canal Zone the following month. Magoon's primary responsibilities within the Canal Zone were to improve sanitation and to deal with

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5022-440: The party line; decisions such as these are often made by the minority leader in conjunction with other senior party leaders. In a state where the executive branch and both houses of the state legislature are controlled by the other party, the minority leader of one of the houses (most often the upper one) may be seen as the most senior member of the party in that state with regard to state government (although inferior in rank to

5103-526: The purposes of admission to the bar. Law schools in the United States and Canada award graduating students a J.D. ( Juris Doctor ) as a professional law degree. In a handful of U.S. states , one may become an attorney (a so-called country lawyer ) by simply " reading law " and passing the bar examination, without having to attend law school first, although very few people actually become lawyers that way. The methods and quality of legal education vary widely. Some countries require extensive clinical training in

5184-468: The quality of its management. Magoon countered this negative press by stressing that Bigelow had visited the Zone for less than two days, one of which was Thanksgiving Day , and that work was naturally lax on the holiday. In February, Magoon was called to testify before the Senate Committee responsible for Canal administration, including responding to Bigelow's report. He was criticized now for

5265-625: The rule of law, human rights, and the interests of the legal profession. Some jurisdictions have multiple types of lawyers, while others only have one or two. England, the mother of the common law jurisdictions, emerged from the Middle Ages with a complexity in its legal professions similar to that of civil law jurisdictions, but then evolved by the 19th century to a single division between barristers and solicitors . Several countries that originally had two or more legal professions have since fused or united their professions into

5346-464: The secretary of war, Magoon reported that many Cubans held the popular belief that neither the United States nor the US-backed Cuban government had explored the wreckage because evidence might be found to suggest that the ship was not sunk by a torpedo , as was the official report—something that would cast doubt on the justification for the United States' war against Spain. The removal of

5427-496: The ship did not take place while Magoon was in office; it was authorized by Congress in 1910. While he was well regarded in the United States, Magoon was not popular among Cubans. He reaped a vast number of lurid accusations at the hands of Cuban writers who described him as a "man of wax", who was "gross in character, rude in manners, of a profound ambition and greedy for despoilment". The Cuban nationalist bibliographer Carlos Manuel Trelles later wrote that Magoon "profoundly corrupted

5508-470: The territory that he governed. On July 2, 1905, President Roosevelt further consolidated power in Panama by appointing Magoon Minister to Panama , to replace John Barrett . This put Magoon in the unique position of being both a governor of a U.S. territory and a diplomat to the country of which that territory was an enclave . During the tenure of Governor Davis, there had been friction between him and Minister Barrett. This double appointment would ensure that

5589-489: The title Mecenas is used to refer to advocates and attorneys at law, although as an informal title its status is not protected by law. In South Africa and India, lawyers who have been admitted to the bar may use the title "Advocate", abbreviated to "Adv" in written correspondence. Lawyers who have completed two years of clerkship with a principal Attorney and passed all four board exams may be admitted as an "Attorney". Likewise, Italian law graduates who have qualified for

5670-509: The two roles could not work at cross-purposes. Magoon would draw two salaries in the arrangement, an issue which would come up later to haunt him. With influential posts in both Panama proper and the Canal Zone, Magoon was an exceptionally powerful man on the Isthmus. The President was coming into increasing conflict with Congress on the handling of the Zone, including the unusual consolidation of power. In addition to not officially restructuring

5751-489: The use of the title "lawyer", others do not. Historically, lawyers in most European countries were addressed with the title of doctor. The first university degrees , starting with the law school of the University of Bologna in the 11th century, were all law degrees and doctorates. Therefore, in many southern European countries, including Portugal, Italy and Malta, lawyers have traditionally been addressed as "doctor",

5832-604: Was a continued point of contention. Several months later, Magoon received an official commendation from President Taft for his excellent service in Cuba. Following his service in Cuba, Magoon retired from public service and vacationed for a year in Europe before returning to the United States. Speculation at the time pointed to him taking a position as ambassador to China, a special commission on stability in Central America, or

5913-435: Was appointed both governor and a member of the Commission, with railroad entrepreneur Theodore P. Shonts made chairman of the Commission. The new Commission had seven commissioners, as required by the act of Congress that created the body, but responsibilities were to be split such that only Magoon, Shonts, and the chief engineer had any real authority. The remaining four members of the commission were appointed only to fulfil

5994-466: Was carried by mosquitos as "bugaboo". However, by January 1906, Magoon had long come to understand the role of mosquitos in the transmission of diseases, as evidenced in a New York Times article wherein Magoon addressed criticisms of his administration in detail; by then he had undertaken a vigorous and ambitious plan to eliminate the swamps that bred mosquitos. While governor, he worked with translators in

6075-454: Was hugely successful in Panama but criticized for his tenure in Cuba. Magoon was born in Owatonna, Minnesota . His family moved with him to Nebraska when he was still a small child. In 1876, he enrolled in the "prep" program at the University of Nebraska at Lincoln and studied there for two years before officially enrolling in 1878. He left school in 1879 to study law independently with

6156-507: Was not released to Congress. In August 1899, Elihu Root became the new secretary of war, and the unreleased report was scrapped. Magoon drafted a new report which came to precisely the opposite conclusion from the first: the Constitution did not apply in new territories until the United States Congress specifically passed legislation to authorize it. It argued that precedent was set when Congress passed legislation to apply

6237-409: Was only a "subordinate clerk", with no right to express any opinion except the opinion of the Department, and therefore the first report should carry no weight. Democrats similarly were against the second version of the report. It is unclear which version, if any, actually represented Magoon's personal views rather than the views of the current secretary of war. After this incident, Magoon remained with

6318-559: Was permitted under the Cuban-American Treaty of Relations of 1903, a treaty that stipulated the degree of United States intervention in Cuba. After a brief period of stabilization by Secretary Taft, Magoon was appointed governor. He ruled under the Constitution of Cuba, effectively with absolute authority and backed by the U.S. military. On October 13, 1906, Magoon officially became Cuban governor. Magoon declined to have an official inauguration ceremony, and, instead, news of

6399-573: Was refused, but a copy of the report was leaked, allowing Minority Leader James D. Richardson to read it aloud on the Senate floor, prior to the vote. These efforts failed; the vote remained along party lines and the measure was passed. This small so-called scandal, with Magoon at the center, was termed the "Magoon Incident" by the Chicago Tribune and resulted in harsh words against him from both parties. Fellow Republicans urged that Magoon

6480-653: Was retiring as secretary of war. Speculation followed in the media that Magoon would retire simultaneously and join the outgoing secretary in private practice. Instead, Magoon was appointed by President Theodore Roosevelt in June 1904 to be the general counsel for the Isthmian Canal Commission , the group working toward what would eventually become the Panama Canal . In this role, he would be working under Chairman John Grimes Walker , but would not be

6561-501: Was turned inward to infrastructure. He coordinated the construction of two hundred kilometers of highway. He called for the reorganization of the Cuban military into a formal army, rather than a Mexican -style "rural guard". More controversially, he called for the removal of the sunken USS Maine , the ship whose destruction led to the Spanish–American War, because it was interfering with traffic in Havana 's harbor. In his yearly report to

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