BALZAC v. PEOPLE OF PORTO RICO
 (two cases).

(Argued March 20, 1922. Decided April 10, 1922.)
 Nos. 178,179.

1. Courts 387 (1)-Statute giving
 jurisdiction to review Porto Rican
 decisions in cases, where review of
 state decisions is permitted, embraces
 subsequent changes in statute
 relating to state decisions.

 Under Act Jan. 28, 1915, repealing Judicial
 Code, 244, which had provided for review of
 final judgments and decree of the Supreme
 Court of Porto Rico by amending section 246
 (Comp. St. 1223), so as to apply to Porto
 Rico, and to provide that writs of errors to courts
 of Porto Rico could be prosecuted in the same
 class of cases as those authorized under
 section 237 (Comp. St. 1214), for the review
 of final decisions of state courts of last resort,
 the changes in section 237 by Act Sept. 6,
 1916, apply to the review of decisions of the
 Supreme Court of Porto Rico, if they are not
 obviously inapplicable thereto.

2. Courts 387 (2)-Demand for jury trial
 draws In question validity of act
 denying such right.

 Under Code Cr. Proc. Porto Rico, 178,
 giving a jury trial in felony cases, which was
 construed by the Porto Rico Supreme Court as
 denying the right in misdemeanor cases, Penal
 Code, 244, as amended by Act March 9,
 1911, p.71, making criminal libel a
 misdemeanor, and Act March 10, 1904, p. 130,
 repealing all reference to trials for libel in the
 Jury Act, the right to jury trial in a prosecution
 for libel was denied by statute, and a demand
 for such trial drew in question the validity of
 those statutes, so that writ of error could be
 issued to review a judgment of the Supreme
 Court of Porto Rico, affirming a conviction after
 the jury was denied, under Judicial Code,
 237, as amended by Act Sept. 6, 1916
 (Comp. St. 1214).

 3. Courts 387 (2)-Constitutional
 question held properly saved in
 record.


 Where a demand was made for a jury trial in
 a prosecution in which the right to jury was
 denied by statute and was renewed in the
 assignments of error in the Porto Rico
 Supreme Court and in the United States District
 Court, the question of the validity of the
 statutes denying jury trial was properly saved in
 the record, though the assignments were
 informal, in failing to mention the statutes
 whose validity was involved.

4. Territories 8-Constitutional provision
 for jury trial does not apply to
 territories not Incorporated in the
 United States.

 Const. Amend. 6, and the provision in
 article 3, relating to jury trial in civil and criminal
 cases, apply to the territories of the United
 States, but do not apply to territory belonging
 to the United States which has not been
 incorporated into the Union.

5. Territories 8, 15-Porto Rico Organic
 Act did not incorporate island into
 United States.

 The Organic Act of Porto Rico of March 2,
 1917, known as the Jones Act (Comp. St.
 3803a-3803z), which did not expressly
 incorporate Porto Rico into the Union, and
 which contained a Bill of Rights, which would
 be unnecessary if the island were incorporated,
 so as to extend the Bill of Rights in the
 Constitution thereto, did not incorporate the
 island into the Union, notwithstanding the
 provision of section 5 making citizens of Porto
 Rico citizens of the United States, so that the
 constitutional provisions for jury trials were not
 thereby extended to the island.

 6. Territories 7-Organization of United
 States District Court and extension of
 statutes to Porto Rico did not
 incorporate the island into the United
 States.

 The organization of the United States
 District Court in Porto Rico, the allowance of
 review of the Porto Rico Supreme Court in
 cases when the Constitution of the United
 States is involved, the statutory permission to
 Porto Rico youth to attend West Point and
 Annapolis Academies, the sale of United


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