Office of the Historian

837.00/4255

The Ambassador in Cuba (Welles) to the Secretary of State

No. 182
Habana, October 21, 1933.
[Received October 23.]

Sir: Referring to my telegram No. 382 of October 20, 4 p.m., I have the honor to transmit herewith a copy, in English translation, of the draft of a compromise solution which was handed to me yesterday by Doctor Felix Granados by instruction of Doctor Grau San Martín.

Respectfully yours,

Sumner Welles
[Enclosure—Translation]

Organic Statute

The President.

I.
The President of the Republic shall have as exclusive functions:
(a)
Representation of the State abroad;
(b)
The reception of diplomatic representatives;
(c)
The appointment of the Chief of the Government and the acceptance of his resignation;
(d)
The rendering of reports and making of recommendations, orally or in writing, to the Council of Ministers, whenever he may deem it convenient;
(e)
The calling of meetings of the Council of Ministers in the Palace whenever he may desire to attend its deliberations:
II.
And, on the proposal of the Chief of the Government, the President of the Republic:
(a)
Shall approve and ratify international treaties;
(b)
Shall accredit diplomatic representatives and issue exequatur to foreign representatives;
(c)
Shall decree the suspension of guarantees and the state of siege;
(d)
Shall appoint and dismiss the ministers;
(e)
Shall appoint the Chiefs of the Navy and of the Army;
(f)
Shall appoint the professors of secondary and superior instruction, judges, de facto governors and mayors and all functionaries and chiefs of administration of the first and second class;
(g)
Shall apply the clemency of pardon;
(h)
Shall sanction the decree laws and the general dispositions of the Government.
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No presidential act of those enumerated in this article shall be valid without the counter-signature of the Chief of the Government; and, by virtue of this counter-signature, the President shall not be politically responsible.

The Government.

III.
The Council of Ministers shall be presided over by the Chief of the Government.
IV.
The Chief of the Government shall form the cabinet, proposing the appointment of the ministers to the President of the Republic. He may also request their resignation at any time.
V.
The decisions of the Council of Ministers shall require a majority of the votes of its members in addition to the vote of the Chief of the Government.
VI.
All acts of the Government and of the Administration shall appertain to the Council of Ministers. Each minister shall have the powers and authorities which the Council may attribute to him. The President of the Council and the Ministers are politically responsible to the Council of State.
VII.
The Council of State may refuse its confidence to the Chief of the Government or to any of the ministers. In the first case the entire cabinet shall present its resignation; in the second case only the minister who has been rebuffed.
VIII.
The Government shall consult the Council of State concerning every project of legislative reform. The Council of State shall have 10 days within which to approve or reject such projects. If this period elapses without agreement being reached, it shall be understood that the project has been rejected.
IX.
When a project has been rejected by the Council of State, the Government shall have the option of:
(a)
Modifying the project in accordance with the objections of the Council;
(b)
Submitting to the Council the question of confidence;
(c)
Definitely dismissing the project. If the project should be rejected without objection, the Government may only either dismiss the project or submit the question of confidence.

The Council of State.

X.
The Council of State shall be composed of 30 members appointed by the Government, subject to the approval of all of the revolutionary sectors. Vacancies occurring in the future shall be filled by appointment of the Council itself.
XI.
The Council of State has authority:
(a)
To approve the legislative projects presented by the Government;
(b)
To pass votes of censure on the Chief of the Government or on any of the ministers.
XII.
The decisions of the Council of State shall be by majority of votes.
XIII.
The Councilors shall receive the same salaries as the ministers.