Chapter VI: Part 6

Be it said to the credit of the women in the sub-stratum, as well as in the upper-crust of Chilean society, that, as a rule, they respect their marriage vows. With the men it is the rare exception instead of the rule. After marriage, people of the common class resume their accustomed life and habits, living as a rule under the paternal or maternal roof of one or the other. The man is not necessarily expected to contribute to the support of his wife, the custom being for that member of the family to provide maintenance for the pair, and invariably to support herself. They seem to enjoy a careless, bohemian sort of contentment that meets the requirements of their simple lives. Little is expected, each seems entirely satisfied with the acts of the other and the stream of domestic harmony runs on uninterruptedly. Such is life among these simple folk, who mate as do the birds, and with whom mutual interests, simplicity and natural instincts are the controlling influences in matrimonial alliances.

An inventory of all property possessed by each of the contracting parties at the date of the wedding is carefully taken. It may be a horse, a cow, pig, fowls, a bed, or other articles. This property does not enter into the marriage contract and become a part of the common fund. On the wedding day the bride and groom are accompanied to the church by friends and neighbors, usually on horseback. There is singing and music of guitars, firing of shooting crackers and guns and other demonstrations. There is frequent drinking to the health of the couple, with “viva los novios.” Anyone who desires may participate in the wedding feast, as all refreshments are disposed of at a price. The profits on the feast are given to the bride as a wedding gift. These celebrations sometimes last three or four days and nights, with drinking, singing and dancing. Among the middle classes wedding ceremonies are the same, except that invitations are not quite so general. And among the more prosperous of the middle classes, the refreshments served at the wedding feasts are free.

A married woman never goes by the name of her husband. If Señorita Carmen Valenzuela is married to Don Jacinto Nuñez, she is afterwards Señora Carmen Valenzuela de N; if she becomes a widow she retains the foregoing name with the addition of the letter V before the de N, meaning widow of Nuñez.

BIRTHS AND DEATHS

Births and deaths do not constitute an attractive subject, but a description of country life in Chile would be incomplete without some mention of the entrance into the world and the exit of the people whose customs and characteristics are under discussion.

BIRTHS.

The advent of an atom of humanity into the world in Chile, is not considered an event of sufficient importance to cause any disturbance of the current of affairs that flows on with customary indifference. The fact is accepted and recorded, but there is neither expression of regret nor rejoicing. The parents seem to regard the circumstance from a purely economic point of view, and not one to be invested with sentiment or feeling. It means another member of the family to feed and clothe, and another pair of hands that in time may serve, and contribute something to the scanty household supplies. The poor country women have no medical attention in childbirth, and in most instances they lack the attention and necessary provisions to protect the life of mother and child. They rarely go to bed, but wrapped in a heavy manta, sit on the floor or ground, as the case may be, for a few days, near a fire kept burning in a “bracero.” The only medicine they take is a little burnt sugar in hot water, seasoned with aromatic leaves. In a few days they resume their domestic duties, and life flows on in the even current of its way, the addition to the family being regarded as inconsequential.

The children of the poor are inured to hardship from the time of birth. In infancy they are wrapped up like little mummies, receiving little maternal attention, usually being committed to the care of older children, when there are such in the family. When old enough to walk, they are permitted to run where they please, characterized chiefly by the scanty clothing they wear, and inattention they receive. These neglected infants rarely cry or complain, learning early in life that such demonstrations of dissatisfaction with their lot avails nothing. The mothers of these children are not cruel or inhuman in the treatment of their offspring, except from neglect and lack of care through ignorance.

DEATHS.

Away from the cities, where pride or custom holds sway, a death is little more than a signal for a crowd to assemble at the home of the deceased for a drunken spree. In case of death the interest and sympathy manifested by friends and neighbors depends upon the amount of money forthcoming for the purchase of chicha. Should there be liberal provisions for this important feature of the funeral service a large attendance is assured. Should the death be that of a baby it is generally understood that there is to be a grand feast. The dead infant, robed in white and bedecked with flowers, is placed in a sitting position upon an improvised altar, where, surrounded with burning candles it remains for twenty-four hours. During this time there is much drinking and singing by those who assemble to mourn the death of the child. Usually on the day following the death, the body is wrapped in a cloth and placed in a candle or soap box, which serves as a coffin, and carried to the cemetery. The procession is accompanied by women who sing, and add to their vocal efforts the music of guitars. The crowd often stops en route to the cemetery to drink and indulge in demonstrations. Women never accompany the funeral procession of an adult.

There are never any preparations in advance for a burial, and the interment is made in the crudest possible manner. The pall-bearers carry with them a crowbar and shovel, and the corpse waits while the grave is being prepared after arrival at the cemetery. Graves are dug anywhere those preparing them may choose, not infrequently in the same place where other burials have been made, and if human bones are encountered in the excavation they are thrown aside as so many stones. After the corpse is laid to rest, perhaps to the great disturbance of another previously buried in the same spot, the crowd departs to some place where more liquor can be secured, and where the final celebration of the event takes place.

Should a poor man die, leaving no money with which to provide the customary drinks at his funeral, and having no friends who will perform that very necessary service for him, the manner of his burial is something like that accorded to animals. The method of conveying the bodies of these unfortunates to their last resting place, in many instances is not unlike that of taking a sack of potatoes to market. The corpse is tied upon the back of a mule, and with head nodding, hands and feet waving in the air, as if in mute protest against the custom of administering the last rites of the poor, they are conveyed to the cemetery by someone to whom the disagreeable duty is delegated. A hole large enough to receive the body is dug in some obscure corner of the cemetery, and without a coffin, without ceremony or service of any kind, the unfortunate is committed to earth, which receives him back to its bosom, as it does all those who inhabit it for a brief period.

Without plan, ornament, or official keepers, the cemeteries of rural Chile present an unattractive prospect, and a scene of dreary desolation. Usually they are nothing more than enclosed plots of ground, neglected and overrun with weeds and brambles, without markings to indicate the location of individual graves. There is little reverence for those who journey to those dreary spots for the last time.

In the many sharp contrasts presented in the lives of the different classes in Chile, none are more striking than that shown in the disposition of the dead, and in the ceremonies attendant upon funerals. In the cities, where the rich and cultured bury their dead, the cemeteries are beautifully kept, and adorned with flowers and shrubbery, and magnificent tombs and monuments mark the last resting places of wealth and respectability. Elaborate, solemn and impressive services are held at the home of the deceased, or in church, the body is borne to the grave in a funeral car, while extra coaches and hearses are employed in carrying the floral offerings and decorations provided by the family and friends.

The civil register law conferred great benefits upon the poor, in the matter of births and deaths. Previous to that there was no record of births, except in the church records, made by the priests when they found it agreeable and convenient. Then, as now, a large per cent. of the children born were illegitimate, and if the parents did not want the birth inscribed in the record, it was conveniently omitted. Then there was no law to compel those in charge of the cemeteries to issue burial permits, and usually the priests demanded a fee before permission was given to bury the Catholic dead in the consecrated grounds, while non-Catholics were denied the right of burial in the cemeteries on any terms.

Fortunately the civil law makes the registration of births, deaths and burials free and compulsory. In every municipal district there is a civil registrar, whose business it is to keep these records, and to issue burial permits. Private burials are prohibited by law.

SCHOOLS AND COLLEGES

There is no compulsory educational law in Chile. Several attempts have been made to secure the passage of such a measure, but without success. The failure to secure such an enactment may be attributed to the indifference of the majority of the citizens of the Republic, who take little or no interest in the question of providing better facilities for educating the youth of the country.

Primary instruction is provided by the government, which maintains two kinds of schools in this class, elementary and superior. In the elementary, the alphabet, reading, writing, gymnastics, singing, and the first rules of arithmetic, geography and grammar are taught. In the superior, in addition to the branches taught in the primary grades, instructions are given in manual training, physical and natural science, and other general studies, which prepare the pupils for entrance into the secondary colleges, “liceos,” and other higher educational institutions. The number of pupils in attendance at these schools is about one hundred thousand.

Teachers in the primary grades, masculine and feminine, are prepared in five normal schools, located in different parts of the country. When they have finished their studies and passed their examinations, they receive the title of “Professor” from the State as evidence of their qualification for teaching. Primary teachers receive a salary of 1,200 pesos per year. After ten years’ service they are entitled to a pension from the government, and after thirty years they can retire on full pay.

UNIVERSITY OF CHILE.

Previous to the formation of the Republic, the only institutions in Chile possessing facilities for instruction in the sciences and higher branches of education were the monasteries, the school at San Filipe being recognized as a national university. But the monastic education was not in harmony with the modern republican ideas of the progressive Chilenos, and the San Filipe institution was abolished by official decree in 1839, and in its place there was established a group of schools under the name of the University of Chile. The new institution which was formally opened in 1842, marked an era in the educational system of the country. The original building, in Santiago, fronting on the broad Alameda, with its rows of trees and wide park-way, adorned with statues of national heroes, is a fine architectural creation of the Spanish style, with interior patios and galleries. The University, which has an annual attendance of from 1,500 to 2,000 students has special and well equipped departments of Philosophy and Letters, Law and Political Science, Medicine, Pharmacy, Dentistry, Engineering, Architecture, Pedagogy and a Normal school.

The State also maintains schools of secondary and superior instruction, the latter being under the direction of the University, which maintains thirty-six different colleges in the Republic, and gives courses in practical and special branches, and also industrial training. In the first six years of the course in these colleges the pupils are instructed in branches designated in the program prepared by the Council of Instruction, a corporation whose members are appointed by the government, and which is required to hold weekly sessions.

The course of instruction in the secondary institutions consists of the following, worked out according to the German concentric system: Physical and natural science, mathematics, Spanish, French, German and English languages, drawing, geography, history, gymnastics and singing. The pupils who pass the general and final examinations satisfactorily, receive the degree of Bachelor of Arts, which admits them to the superior courses of Law, Medicine, Engineering, Agriculture, etc., in the University.

All this instruction is provided by the State, free of expense, except 250 pesos per year which the pupil is required to pay for board. The government has secured a competent corps of teachers and instructors for the secondary colleges and the University, the majority of them coming from Germany and Belgium under contract. Their pay is about 6,000 pesos, equal to $2,000 United States currency, annually.

Chile also maintains a number of Industrial and Commercial schools. Among these special institutions are four Commercial and Industrial, three Agricultural, three Mining, and two professional schools for women, an Art Institute and a school of Fishery. The pupils attending these institutions are trained in the various professions and industries taught in the respective schools. This part of the system of public instruction, especially in the establishments in which the poorer classes receive their education, is very deficient. But this particular branch is now receiving the attention of the government authorities, and there is a prospect of decided improvement in the standard of these schools. One of the defects of these liceos is the fact that the number of pupils in each is so great that it is impossible for the masters to hear all the recitations of each pupil, or to give them individual attention in their studies.

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.

Savage dogs are the best protection to country property. Many bandits who have no fear of armed resistance will not venture into an enclosure guarded by fierce dogs. It is the purpose of the robbers to always surprise their victims in an assault, or to gain admission to a house by stealth, and the barking of dogs frustrates their plans.

A curious custom among Chilean bandits, who operate in bands, is the taking with them on their thieving raids what is known as a “loro” (parrot). This individual is usually selected for his cowardly or cautious traits, rather than because of his bravery. When a robbery is planned the loro is placed on guard to keep watch and give the alarm, in the event of danger or discovery. Fearful of being caught, he is keenly alert and quick to sound a warning if anything suspicious is observed.

Bandits are seldom known by their real names, and some of the cognomens applied to them are as characteristic of the individual as they are curious. One who is a clever talker is called a “Pico de Oro” (golden beak); “cojo” (lame); “Tenorio” (ladies’ man); “El Tuerto” (squint eye), etc.

As previously stated there are few great commercial robberies, embezzlements or forgeries in Chile. This may be due to the fact that escape is difficult. The Cordilleras forming a natural barrier on one side and the ocean upon the other, it is only necessary to guard the mountain passes and watch the departure of ships to prevent persons from leaving the country. Men connected with commercial interests, which give them the opportunity to steal or embezzle large sums of money are, as a rule, unfamiliar with the mountainous country or the ways of bandits, and are therefore unable to escape by going to the interior.

There is another class of bandits or brigands who are more clever, daring and desperate than those already described. They follow the more well-defined roads of travel, are well dressed, mounted on good horses, intelligent and generally present a very genteel appearance. They usually hunt in bands, covering a wide range of territory, know all the people living within the country covered by their depredations, and are familiar with every road and by-way. They always have knowledge through their accomplices of strangers traveling through the country, or of servants sent upon important missions. They roam about the mountainous regions, or in close proximity to the Cordillera ranges, where escape is easy, in case of pursuit. Some of these highwaymen are notorious for the desperate deeds committed.

The common weapon of the Chilean bandit, like his methods, is peculiar to the country. During the revolution in 1891, nearly every Chileno was engaged in the war, upon one side or the other. After peace was restored, the arms were retained by the individuals, and practically every man in the country possessed a rifle. These weapons were too large and cumbersome for the bandits, so they cut off a portion of the barrel, to render them more convenient, and so they could be more easily concealed under their ponchos. These guns are called “rifles recortado” (re-cut rifles).

The fact that crime is common leads naturally to the question of law and its enforcement. Why are there not laws for the punishment of crime? There are. And why are they not enforced? That is another question, and one involving various phases of life in the Republic. A large per cent. of the people are honest, observing and obeying the law, and would be glad to see it universally enforced. The lawless element aid and protect each other, and even the more honest of the poor people look upon a notorious criminal as a hero, rather than a disgraced member of society, whose companionship is to be avoided. These people if called upon to testify in court against a man whom they know to be guilty of numerous crimes, will give evidence as to his good character. Another thing that operates in favor of the criminal is the fact that the law requires two disinterested eye-witnesses to establish the guilt of any person accused of crime.

If a person catches a man in the act of robbing his house or his property and takes the thief into custody, his evidence will not be sufficient to convict the robber. He must have two witnesses who saw the thief in the act. The evidence of members of his family, or of servants employed by him will not be admitted. The burden of proof rests with the prosecutor, and not with the accused. The slow operation of the law is also responsible for a lack of the enforcement of statutory provisions. There are so many delays and difficulties incident to securing the conviction of a criminal, that honest people frequently refuse to follow to a conclusion cases in which they are personally interested.

When convicted and sent to prison, the fact has no detrimental effect upon the social standing of the convict in the community in which he lives. Like a horse that has made a record upon the turf, his performances furnish a fruitful topic of conversation to his friends, the details of which are discussed with animated interest. When released from prison, and he returns home, which is invariably the case, the convict becomes the hero of the community. There is no shame or disgrace connected with his imprisonment. The question of treatment, the quality and quantity of beans served in the prison fare, are discussed as if they were common phases of everyday life.

If a thief is killed and his friends and accomplices secure possession of the body, which they invariably try to do, the skin is cut from the face of the corpse, and all clothing removed from the body. These precautions are taken for the purpose of preventing identification.

It was once a common custom, and still prevails to some extent in the rural provinces, to liquidate the crime of a wound or even murder by cash payment. It is claimed that the law is slow of execution, expensive and unsatisfactory, giving nothing to the victim or his family. If a poor man is killed, the assassin or his representatives will settle the affair for a few dollars, sometimes not more than five or ten dollars. If a man of means and social standing in the community meets a violent death, the price is from twenty-five to fifty pesos. These liquidations in former times were not private. Public interest was often aroused and the neighbors entered into the negotiations to see that a fair price was paid. If a person was stabbed a few times it was not considered of sufficient importance to require a money payment; a few drinks canceled the account for damages.

So notorious has become the commission of crime, in recent years, that _El Mercurio_, the most widely circulated and influential paper in the country devoted much space to the subject a few years ago. The following is an extract and translation from an article appearing in that journal in February, 1903:

“The alarm produced in all classes of society due to the extraordinary development which is taking place in the criminality in Chile, especially in the capital, has induced us to open an investigation as to the causes of such a deplorable social condition. A study of the causes which have tended to foster such a great increase in the number of criminal acts is undoubtedly due to the complete disorganization of public affairs in this country, and should serve to call seriously the attention of the government to the imperious necessity of attempting some course of action which would tend to remedy in part, at least, the disastrous condition of the nation at large. The enormous development of criminality in this country is not only the manifestation of a very grave social condition, nor is it only the symptom of a social dissolution in its worst form, but it is the visible cause of the discredit which our country is suffering among foreign nations.

“The European press avails itself of all data relative to the number of terrible crimes committed in Chile, and also of their sanguinary and atrocious character, and denounces them to their fellow citizens as proof of the insecurity of life and property in this country.”

_El Mercurio_, in its endeavor to ascertain the reason for the extraordinary criminal condition of the country, interviewed Mr. Luis Urzua Gana, public prosecutor for the department of Santiago, who made the following statement:

“I believe that the first and foremost cause of the existing criminal condition is due to the fact that a large proportion of the crimes remain unpunished. I believe that eighty per cent. of the offenses committed are not punished, and that a large proportion of them are not even denounced. As the greater the probability that a crime will not be punished, so law and justice lose their deterrent effect.

“Another cause of criminality is the large number of vagrant children, either in complete idleness or in some kind of work which enables them to gain in a few hours enough money for their food and vices. Boys of twelve years of age and even under, exhibit in this country, the same moral monstrosities as do men old in sin and crime. Among them, gambling has reached a surprising development, and there seems to be no form of immorality which has not its adepts among them. And worse still there are people who foster their vicious practices and make a business out of their degradation.”

Soon after his election in 1901 President Riesco secured the passage of a bill in the national congress providing for the establishment and maintenance of a specially selected and well equipped cavalry regiment, to be used in suppressing lawlessness. This troop is subject to service in any part of the Republic where the protection of life and property is required. The usefulness and effectiveness of this kind of service is due to the fact that a better class of men is selected, than is found in the municipal and provincial police. It is too small in numbers, however, to properly guard and protect any considerable portion of the mountainous country constituting the territory of Chile.

RAILWAYS

The primordial need of every country is good roads and ample transportation facilities. This is more especially true of Chile, than of most countries, because the long strip of territory between the Andean range of mountains and the Pacific is characterized by narrowness and length, a configuration which is peculiarly lacking in continuity between productive centers. The nitrate fields and other rich mineral producing sections of the north are, by nature, completely isolated from the agricultural districts of the central valley, where the principal cities and towns are situated, and also from the timber zone and grazing lands of the far south.

During the first half century of the Republic’s existence little progress was made along the line of industrial development because of a lack of railway communication. The first link in the chain of Chile’s present, extensive railway systems, a line extending from the port of Caldera to Copiapo, a distance of fifty miles, was built in 1851. Later other roads were constructed, chief among which was the line extending from Valparaiso to Santiago, and from the capital south through the central valley, the great agricultural district of the country, into the coal producing and timber regions, connecting them with the seaports and commercial centers. This section of the State railways, which for many years had its terminus at Concepcion, was in recent years extended to Valdivia, an important industrial and commercial center, and in 1912 was completed as far as Port Montt. Since the building of the first line, little more than half a century ago, the railway system of Chile has grown until it now comprises over four thousand miles of fairly well equipped roads, the ramifications of which reach into every part of the country, with the exception of the territory constituting the southern limits of the Republic, including Patagonia. A little more than one-half of the railway mileage is government ownership, the other portion being owned by individuals and corporations.

TRANSANDINE RAILWAY.

The first step in the progressive policy of railway building in which Chile has been engaged in recent years, was the construction of the Transandine Railway via Uspillata Pass. This important line, connecting the Atlantic with the Pacific, and giving to the Republic rail connections with countries to the east of the Andean range, brought the importance of better interior transportation facilities more closely to the minds of the people, and the result has been a period of railway building surpassing the expectation of the most radical advocates of an aggressive industrial policy.

The history of the Transandine Railway will probably never be written, unless it be given to the world by the Clark Brothers, who conceived the idea, and labored for more than a quarter of a century to enlist the assistance of the Chilean government in a plan to build the road. Every succeeding administration, during the period in which the Clarks were working on the scheme, was apparently favorable to the plan. The rejection of proposals and the failure always to vote aid or subsidy, however, was evidence of the fact that there was always secret opposition.

During much of the time while the Transandine scheme was under consideration, a war cloud, arising from a disputed boundary question between Chile and the Argentine, loomed large and ominous over the Cordillera, creating a feeling in the minds of the Chilenos that Argentina was quite near enough, without an additional connecting link in the way of a railroad across the Andes.

In 1901 the Transandine Railway, including the portion already in operation, from Los Andes to Salto del Soldado, passed into the hands of W. R. Grace & Company. Then John Eyre, manager for Grace & Company in Chile, took up the work of promoting the undertaking. With indomitable courage, tireless energy, and full confidence in ultimate success, he started in to enlist government aid in building the road.

In February, 1903, Congress passed a law authorizing the President to advertise for a term of one year, from the first of May, 1903, for sealed proposals for the construction of the Transandine Railway. The law also provided for a government guarantee of five per cent. annually on a capital not to exceed $7,250,000. Grace & Company were the only bidders. The proposal was for $6,500,000, being $750,000 below the maximum sum on which the government guaranteed five per cent. interest. A special commission was appointed to examine the proposal, and on June 7, 1904, the tender was accepted by the government, thus insuring to Chile railway communication with countries beyond the mountain barrier that had so long restricted commerce and the development of her natural resources.