When voters insisted on their rights to be given the oath, as prescribed by law, they were refused. As a matter of fact, it was not until late the afternoon near closing time of the polls that the Judges at the various polling places administered the oath to but a few when the order came through from the District Court. I must mention here that the Election Board was told by the Attorney General from the morning hours that the oath must be administered by law, and he was ignored.

When these frustrated voters, who were denied their American right to vote, went to their homes and in anger told their neighbors of their not being able to vote, many of the neighbors did not even bother to go to vote.

The Unierats will point out, in order to make this type of irregularity seem to be mistakes of a clerical nature, that many of their followers also were not allowed to vote at their polling places. What they would fail to point out, however, is that when this happened, cars were waiting for them to take them to their workers at such other polling places where their cards were found, or were permitted to vote without their cards being on file.

Facts are, many of their followers voted under theirs and assumed names. See appendix Nos. 2, 3, 6, 7, 8, 9, 10, 17(a), and 17(e).

Persons from the psychiatric ward of the Knud Hansen Memorial Hospital were taken to polling places by Unicrat party followers and voted. See appendix Nos. 4 and 12.

Unierat party followers were permitted to vote even though they were not residents. See appendix Nos. 13 and 17 (c).

The Unicrats also permitted persons under age to vote. See appendix No. 11. Aliens were also permitted to vote by the Unicrats. See appendix No. 1. Irregularities of this nature have been happening since and before 1964. See appendix No. 6. While the ballots were not inserted in an envelope, they were made of fairly transparent white paper and folded in a manner to permit observation. This was done so that a beforehand count could be made to determine how many exchanges should be made at a particular polling place.

The chain ballot method was also used to keep those who might stray in line. The voter register was kept unclean with the names of departed and dead persons for the purpose of double voting, which took place at many polling places. During the voting count, inspectors in all cases were not allowed to scrutinize the ballots properly, and there is reason to believe the ledgers were tampered with. See appendix 15.

After the voting count, while there were several ballot boxes containing sealed records, there were many with the contained records unsealed because no sealing material was made available by the Election Board; these ballot boxes were padlocked and deposited with the Commissioner of Public Safety's Office, along with the keys. However, at the time of the re-count, it was obvious that some of the boxes (ballots) were tampered with. See appendix Nos. 14, 15, and 16.

After the election, the Unicrats made sure to punish those who voted against them. While it is true that many unclassified workers were fired, or positions simply dropped from the budget, there were others in such lowly positions as helpers and laborers who were fired.

A case in point is that of George Newtondal, a mason who was employed at Public Works in St. Croix. This man was fired on November 18 by messenger with no reason given. He was simply told not to return to work. He made several contacts at Public Works, including the Assistant Commissioner, who denied having knowledge of his dismissal, to be re-employed to no avail. And during the time he was making these calls at Public Works, many workers including masons were hired. Today, Mr. George Newtondal is receiving unemployment compensation.

Another case is that of Mr. Jermiah Harvey, who was fired the same week of the election but was re-hired within a few days when his immediate foreman learned of the action. Another case is that of Dittlio Francis, who was fired immediately after the election, but was given back his job when the Unicrat leader at Public Works realized that this man could not be fired without cause. It turned out that Mr. Francis is covered by some covenant or other when he was transferred from the telephone system. He was paid for the days he did not work.

These may be classified as isolated cases, but the fact remains it is known all over the Virgin Islands that the Unicrats not only award their followers, but punish their opposers.

Gentlemen, to grant us the right of elective governor at this time or to have it effective in the immediate future would be helping the Unicrats to establish a dictatorship in the Virgin Islands. It would be helping the Unicrats and the Governor to continue their raid on the treasury.

Just recently the Legislature passed a grant of $20,000 and another $20,000 have been shoveled from the Department of Education, making a grand total of $40,000 of Federal monies to be used by forty-eight high school graduates and five teachers for a European tour. The only requirement for this trip seems to be the wishes of the five teachers. Certainly the academic requirement is not the "C" average of these students. This is quite a lot of money to buy future voters. The Federal monies can be had easily, and therefore, according to the Unicrats and the Governor, must be used lavishly even if it is to pay a $1,000 bill for personal telephone calls in the Department of Agriculture.

Unicrat workers in supervisory capacities spend more time doing their private businesses than they put in their government jobs; so much so as to starve patients in our hospital.

Very recently the Charles Harwood Memorial Hospital was out of food. The situation was so bad that the Business Manager at the Knud Hansen Hospital in St. Thomas had to immediately forward $100 from petty cash to buy food, and charter a plane to ship foodstuff. For two days the patients were eating eggs and rice, eggs and potatoes, eggs and eggs, while the vouchers were piled up on the desk of the man in charge. He just did not have enough time to have the vouchers processed.

But in order to perpetuate their atrocities and to bolster their support with new voters in the near future, the Governor is negotiating with the United States Department of Immigration to afford residency to aliens after being in the territory for a minimum of two years. The next step would be to obtain citizenship for permanent aliens. In the meantime, however, these permanent aliens would be used to fill jobs to further punish voters who oppose the Unicrats.

Gentlemen, my statement has spoken for itself. There is no need for recapit ulation. The question is when should the privilege of local election of a governor be granted to us here in the Virgin Islands. And the answer is now, provided you, the members of Congress, are satisfied that we Virgin Islanders have a viable two-party system; that our 1966 election was above-board, fair, and honest; that there does exist freedom of political action; that there is no dishonestly in our government: that there is no raid on Federal monies; and that the will of the great minority is not being trampled. Since none of these provisions is true. thought must be given to the appropriate time as to WHEN this privilege should be granted.

Argument would be raised that there was opposition, and we would agree that there was in-party opposition. But was this opposition, even with the ring of the Republican name, enough to guarantee the establishment of a two-party system? How can one support the premise that mere opposition is viable opposition?

Would our Federal Legislators, who have lived all their lives in an environment that encourages competition and supports constructive opposition of a viable: nature, condescend to the demands of a simple majority for local election of a governor, though the people of the territory, of the unincorporated territory, live in a monolithic society totally contrary to the concept of our democratic principles? I cannot accept that.

Congress should take into consideration the wishes of the great minority, not in ruling out elective governor, but in affording time for the opportunity of American representative form of government.

For me to say that true democracy in the Virgin Islands, with respect to political action, would not be a fact until 1980 would be in an effort of exercising clairvoyance, which quality I do not possess. However, as speculative as it might seem, to reason that it would take at least three elections in the Virgin Islands before the will of all the people can be felt in all directions would be in good keeping with sound judgment because we all agree that time is needed for full democratic participation.

Why three elections and not two or one?

Well, repair to our Election Code could not, for practical approach, be effective before the election of 1968.

Appreciation of new attitude under a rapid evolving form could not be observed before the election of 1970.

This appreciation then should it evolve-and taking for granted it does

evolve could not be appraised for valuation and effect before the election of 1972. Bearing this in mind, and again taking for granted that everything works well, the date for elective governor would have to be after the election of 1972. I do hope that the members of Congress apply their good judgment in giving the people of the Virgin Islands what is rightfully theirs when it is properly theirs. Congress must bear in mind that it is not only their duty-in this complex world with its growing demands-to relieve a people of a colonial status of its woes and face the world through the window of the United Nations; it is more its duty to foster the benefits of a democracy that have withstood the pains of time. and to see that the fruits of such a democracy be earned before the instructural period is ended.

I sincerely thank the members of this Congressional Sub-Committee of the Territories and Insular Affairs for giving me this opportunity to present this valid case, and again hope that this presentation will serve to bring about a better United States Virgin Islands.

Thank you, gentlemen.

Mr. CAREY. I have a report from the U.S. Department of the Interior signed by the Secretary with reference to the pending legislation. I ask it be inserted in the record at the opening of these hearings." Mr. MORTON. Reserving the right to object, and I will not object, is this the only report we have from the Department on the bill? Mr. CAREY. That is correct.

Mr. MORTON. I will withdraw the reservation.

Mr. CAREY. The Chair further asks unanimous consent that correspondence which the Chair has had with the Department of Justice with regard to the alleged election irregularities in the 1966 election be read into the record at this point.

Without objection I shall read it.

THE VIRGIN ISLANDS,

June 13, 1967.

Hon. FRED M. VINSON, Jr.,

Assistant Attorney General, U.S. Department of Justice,
Constitution Avenue, Washington, D.C.

DEAR MR. VINSON: I should like to refer to correspondence you have had with the Honorable Gordon Allott, U.S. Senator from Colorado, as it appears on Page S-8045, June 12, 1967, of the Congressional Record. In the correspondence, you state: "Concerning the 1966 elections in the Virgin Islands, this matter has been receiving our consideration since it was called to our attention last February. We find that copies of the affidavits which you forwarded are already in our possession and, in fact, form the basis of the Criminal Division's study. Therefore, we are able to return them to you."

In the interest of a complete record for our hearings on election procedures in the Virgin Islands, I request that you bring us up to date on the study of the Criminal Division. Our hearings will be conducted in the Virgin Islands on June 17 and 19, 1967. In advance of the date of the opening of these hearings, I would much appreciate it if you can advise us as follows:

1. Has any matter which appears in the affidavits, statements, allegations, etc. caused the Attorney General to initiate any criminal proceeding to date?

2. Will you indicate the actual number of complaints, allegations, and exceptions of all types which have been received by the Department of Justice since the elections for the legislature of the Virgin Islands were conducted in 1966? I appreciate the cooperation of your office in this matter and I regret the necessity of inconveniencing you by the call for this information on such short notice. Sincerely yours,

HUGH L. CAREY, M.C.

Mr. CAREY. I have the response of the Department of Justice which was just cabled to us in Government House.

That is as follows:

1 See p. 4.

Confirming your telephone conversation of June 16 with Rosthal of Criminal Division I advise as follows:

1. Investigation alleged irregularities in 1966 Virgin Islands Election being conducted by the Department of Public Safety nearly completed in St. Croix and will then continue in St. Thomas.

2. Investigation to date relates to alleged violations Virgin Islands Code and not United States Code.

3. Otis L. Felix, Commissioner of Public Safety was directed to appear morning of June 16 before Virgin Islands Committee on Judiciary to testify concerning investigation United States Attorney's Office requested Felix not deliver investigated reports or sources of information to Committee. Now advise Felix complied with request and hearing adjourned.

4. Department's interest is that there be no premature disclosure which could hinder United States Attorney and his administration of local criminal law. FRED M. VINSON, Jr.,

Assistant Attorney General, Criminal Division,
Department of Justice, Washington, D.C.

By way of explanation I want to indicate I have had a discussion with the Department of Justice on this matter and it should be disclosed and clearly indicated to the people of the Virgin Islands that the United States in no way intends to neglect its obligation to insure that there will be legal and fair elections procedures in the territory. In that connection I think it should be noted that the U.S. attorney for the Virgin Islands functions in a dual capacity. He not only safeguards the interests of the United States in the Virgin Islands but he has local jurisdiction over the elections in the Virgin Islands and he is assessing and weighing matters which are within his knowledge now as a result of the investigations being conducted, and I am sure that this investigation will proceed until all allegations, statements, affidavits, and so forth, concerning these elections have been thoroughly assessed and evaluated, and the investigation then will disclose the need for or the lack of need of any criminal prosecution.

I might add that in this connection the U.S. attorney does not lack jurisdiction to initiate complaints to the district court should there be any substantial evidence of voting irregularities in the past election.

That should come as welcome news to the people of the Virgin Islands, and you can look for what I think will be elections free from any legal impediments because the U.S. attorney has that responsibility and will conduct himself accordingly.

The next witness will be Mr. James O'Neal Henderson, State chairman, Democratic Party of the Virgin Islands.

Please come forward and take the witness stand.

STATEMENT OF JAMES O'NEAL HENDERSON, STATE CHAIRMAN, DEMOCRATIC PARTY OF THE VIRGIN ISLANDS

Mr. HENDERSON. Mr. Chairman and members, I am speaking as the State chairman of the Democratic Party of the Virgin Islands.

Mr. CAREY. Will you state your occupation, Mr. Henderson? Mr. HENDERSON. I am a government employee employed by the department of public works as the business manager and personnel director.

Mr. CAREY. Will you proceed?

(Mr. Henderson's statement follows:)

STATEMENT OF JAMES O'NEAL HENDERSON, STATE CHAIRMAN, DEMOCRATIC PARTY OF THE VIRGIN ISLANDS

Mr. Chairman, Gentlemen of the Committee, the Historical background in support of the Transfer of the Danish West Indies, and their purchase by the United States of America in 1917, is familiar to the members of this Committee; and therefore, needs no repetition in my testimony.

In the year 1898, the United States found itself embarked on a course of Territorial Expansion outside the limits of the Continent of North America, where it acquired among other outlying areas, the Islands of the Philippines, Guam, and Puerto Rico.

These areas were colonies of the Spanish Crown, and had absorbed the Spanish traditions and cultures for a period of four hundred years.

The culture and traditions of the Virgin Islands is by contrast English, and the language of the inhabitants has been English for more than 250 years. The laws and social mores of the Virgin Islander have been derived from the judicial system of England, as were those of the United States.

A comparison made between the literacy of the Virgin Islands and that of Puerto Rico (which is the most advanced of the remaining territories), gives substantial proof of the superiority in numbers of the Virgin Islanders who are literate.

The per capita income of the Virgin Islands is higher than that of any other territory, and even some of the States of the Union.

In 1947 the Congress of the United States granted Puerto Rico the right to elect its Governor, and in 1952, Puerto Rico was given Commonwealth Status. The Virgin Islands was granted its first Organic Act in 1936, and transferred from the administration of the Navy to that of the Department of the Interior. The conservatives, and the proponents of the status quo at that time resisted change, and tried to block the change, claiming we were unready for such a substantial responsibility in self-government. But the Virgin Islander disproved this by rising to the challenge.

Again in 1954, when the Congress drafted and revised the Organic Act for the Virgin Islands, voices of dissent were raised, letters and telegrams sent to Washington, and to influencial persons and receptive sources in the Continental United States; claiming the islands were not prepared for any greater measure of self-government nor could we properly disburse the monies which would revert to the islands through the taxes levied on rum produced here. Here again the pessimists, the critics, the selfish interests were proven wrong. The islands took the greatest surge forward in their history. The legislative body, popularly elected, proved itself capable of handling the tasks of doing the peoples' business and we continued to march forward despite opposition from pressure groups and special interest agents.

When in 1964 the first election was held conforming to the provisions of the Election Code, loud were the cries of fraud, irregularities and charges of depriving citizens of the right to exercise the vote. None of these were proven. Again in 1966 after the elections, the cries and accusations of alleged irregularities rose, but oddly enough, the candidates who ran and lost have made no accusations, and the legislature by unanimous vote seated its members. We were told in 1964 and again in 1966, that the election code was too complicated and confusing to the voter; yet the voter proved to be intelligent, and proof is given by the small number of spoiled ballots.

After several attempts at passage of a Bill to provide for the popular election of the Governor of the Virgin Islands, Bill #S. 450 which would provide for this basic right and responsibility of American Citizenship, is today the subject of discussion, and attempts have been made, and will be made by the special interest groups through their spokesmen, to discredit the document, the people of the Virgin Islands, and the present Democratic Administration and Legislature.

These questions then come to mind: What constitutes the qualifications for American Citizenship? Are there two classes or qualities of American Citizenship? If there are two classes or grades, what are the requirements of each? The people of the Virgin Islands through their elected representatives, petitioned the Congress that they be included in the Selective Service Act, so that Virgin Islanders be afforded the privilege of serving in the Armed Forces of the United States. We are proud people, and are boastful of the fact of our American Citizenship. We have given our fathers and sons to die on foreign soil in defense of our country's honor.