
    Palmer et al. v. The People.
    Appeal from the District Court of San Juan.
    No. 40.
    Decided March 30, 1904.
    JURISDICTION IN CIVIL MATTERS-INCOMPETENCY BY REASON OF THE SUBJECT-Matter. — Although questions of competency in civil matters cannot he raised by the court on its own motion, if the judge considers himself incompetent by reason of the subjeet-matter, he may abstain from taking cognizance thereof after hearing the Fiscal and admonishing the parties to assert their rights before the proper court.
    Id. — Provisions of a Legislative Character. — Losses and damages alleged to have been sustained as the result of enactments of a legislative character cannot be made the subject of a claim before the courts of justice.
    Laws of the Insular Legislature — Nullity.—Damages which may be occasioned by enactments of the legislature must be repaired by the legislative, and not by the judicial, power, and in any case the Congress of the United States may be requested to declare null any law of the Insular Legislature which is deemed prejudicial to private rights.
    
      STATEMENT OE THE CASE.
    This is a proceeding instituted in the District Conrt of San Jnan by Attorney Santiago B. Palmer, on behalf of several notaries of this Island, against the People of Porto Rico, for the recoAmry of an indemnity for damages; which case is pending before ns on appeal taken by the party plaintiff from the decision of aforesaid conrt declaring itself incompetent to take cognizance of the complaint by reason of its subject-matter, the party appellant having been successively represented in this Supreme Conrt by Attorneys Santiago B. Palmer and Jnan Hernández López, while the appeal was contested by the Department of Justice.
    On March 5 of last year Attorney Santiago B. Palmer, on behalf of seventeen notaries, as owners of alienated notarial offices acquired under the Crown of Spain, brought an action in the District Court of San Juan against the Attorney General, as representative of the People of Porto Rico, alleging that through acts of the Legislative Assembly, approved. January 31, 1901, and February 10, 1902, relating to notarial practice, their rights had been grievously impaired, and praying that the People of Porto Rico be accordingly adjudged to pay them by Avay of indemnity the sum of $610,488, in the proportion stated by said notaries.
    The Attorney General, being consulted, was of opinion that inasmuch as the question dealt with acts performed by the Legislative Assembly of Porto Rico, in the full exercise of its powers, it was undeniable that the plaintiffs should address themselves to said Assembly for the purpose of having the latter take such action, on its own authority, as it might deem advisable, and that the District Court of San Juan, therefore, by reason of the subject-matter, was incompetent to have cognizance of the case.
    
      The aforesaid court, by an order of April 7 following, declared that on account of the subject-matter it was incompetent to hear the complaint and abstained from taking cognizance thereof. From this order counsel for the plaintiffs took an appeal, which was allowed, the record being forwarded to this Supreme Court, after citation of the parties, who were given an opportunity to examine the papers, whereupon a day was set for the hearing, at which counsel for the appellant notaries and the Fiscal argued their respective cases.
    
      Messrs. Palmer and Hernández López, for appellants.
    
      Mr. del Toro, Fiscal, for respondent.
   Me. Justice HeRwandez,

after making the above statement of facts, delivered the opinion of the court.

According to- article 74 of the Law of Civil Procedure, in no case shall questions of competency in civil matters be raised by the court on its own motion; but the judge who considers himself incompetent in the matter may abstain from taking cognizance thereof, after consulting with the Department of Justice, admonishing the parties to submit their questions to the proper court.

The action instituted by the plaintiff notaries seeks to obtain a declaration of damages alleged to have been caused by enactments emanating from the legislative power, and this matter does not come within the jurisdiction of courts •of justice, whether of an ordinary or administrative character, for both emanate from the law, and there is no law which confers such jurisdiction upon said courts.

'If the appellant notaries believe that the laws enacted by the Legislative Assembly, relating to notarial practice, are deficient because rights alleged to have been acquired under -the protection of the legislation' previously in force are impaired thereby, and no provision has been made for the .appropriate indemnity, the judicial power is not ' the one called upon to study such, deficiency, but resort must be bad for the purpose to the same legislative power, which moves in a sphere entirely independent of the judicial power.

By section 31 of the Organic Act of April 12, 1900, the Congress of the United States reserves the power and', authority to annul all laws enacted by the Legislative Assembly of this Island, and the petitioners could have applied to-said Congress for the purpose of - securing, if proper, the-annulment of such laws as may he deemed by them prejudicial to their rights, and which have given rise to the-wrongs from which they now seek redress in the courts of justice.

The. ruling of April 7 of last year, whereby the District Court of San Juan declared that it was incompetent, by reason of the subject-matter, to take cognizance of the action in question, is affirmed. The record is ordered to he returned to aforesaid court, with the proper certificate.

Chief Justice Quiñones and Justices Figueras, Sulz-baeher and MacLeary concurred.  