Executive Order 1190

By virtue of the authority vested in me I hereby establish the following Order for the Canal Zone:

Article 1. The Counsel and Chief Attorney for the Isthmian Canal Commission shall be legal adviser to the Commission, the Chairman thereof and to the Head of the Department of Civil Administration; he shall submit his opinions in writing when requested by the Commission, the Chairman thereof or the Head of the Department of Civil Administration; he shall have the direction and control of all litigation before the courts of the Canal Zone or the Republic of Panama in which the Commission, or the Government of the Canal Zone or any of its dependencies are interested or involved, and he may appear for them, or either of them, before said courts when he deems it necessary; he shall have the supervision and direction of all prosecutions for offenses against the laws of the Canal Zone, and he may inquire into criminal matters and prosecute the same in person before the courts, when in his opinion it may be necessary to do so.

Article 2. The Counsel and Chief Attorney for the Isthmian Canal Commission, the Prosecuting Attorney, the Assistant Prosecuting Attorney, or other counsel specially designated by the Head of the Department of Civil Administration, shall have equal authority with the judges of the courts of the Canal Zone to issue subpoenas for witnesses in criminal cases, and each of said officers, as well as any judge of any of the courts of the Canal Zone, may examine witnesses under oath in the investigation of offenses against the laws of the Canal Zone.

Article 3. The information in a criminal case may be filed by the Prosecuting Attorney, the Assistant Prosecuting Attorney, or other counsel specially designated by the Head of the Department of Civil Administration, as well as by the Counsel and Chief Attorney for the Isthmian Canal Commission, and it may be verified by any of said officers, and the affidavit shall be sufficient if it states that the information is based upon the sworn testimony of witnesses and that the affiant solemnly believes that there is just cause for the filing of the information.

Article 4. Section 138 of the Code of Criminal Procedure is hereby amended to road as follows:

Section 138. When the information is not subscribed and sworn to by the Prosecuting Attorney, or other officer authorized to file informations, it must be set aside by the court in which the defendant is arraigned, upon his motion.

Article 5. Civil and criminal process issued from any court or tribunal of the Canal Zone may be executed and return thereon made by any peace officer of the Canal Zone.

The following are peace officers: The Marshal and Deputy Marshals of the Supreme Court; the Marshal of each of the Circuit Courts; the Bailiffs of the Supreme and Circuit Courts and all officers and members of the police force of the Canal Zone.

The provisions of this Article are cumulative, and shall not be construed to repeal or modify the existing laws relating to the execution of process and return thereon.

Article 6. All laws or orders, or parts thereof, in conflict with this Order are hereby repealed.

Wm. H. Taft.

The White House,

April 16, 1910.