COMMITTEE ON INTERIOR AND INSULAR AFFAIRS WAYNE N. ASPINALL, Colorado, Chairman LEO W. O'BRIEN, New York WALTER H. MOELLER, Ohio JONATHAN B. BINGHAM, New York N. NEIMAN CRALEY, JR., Pennsylvania RICHARD WHITE, Texas TENO RONCALIO, Wyoming SANTIAGO POLANCO-ABREU, Puerto Rico (Resident Commissioner) JOHN P. SAYLOR, Pennsylvania E. Y. BERRY, South Dakota ED REINECKE, California THEODORE R. KUPFERMAN, New York SIDNEY L. MCFARLAND, Professional Staff Director SUBCOMMITTEE ON TERRITORIAL AND INSULAR AFFAIRS DR. JOHN L. TAYLOR, Consultant on Territorial Affairs NOTE.-The chairman, Hon. Wayne N. Aspinall, is an ex officio member of each subcommittee. Committee Print No. 18, subcommittee amendments to H.R. 11777 Draft of proposed bill to provide for the popular election of the Governor Proposed bill to amend the Revised Organic Act of the Virgin Islands to Anderson, Hon. Harry R., assistant Secretary of the Interior for 63 137 Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands.. Puritz, Senator David, member of Legislature of the Virgin Islands. Van Cleve, Mrs. Ruth G., director, Office of Territories, Department Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands, to Hon. Leo O'Brien, dated Mar. 11, 1966. Udall, Hon. Stewart L., Secretary of the Interior, to Hon. John W. McCormack, dated Oct. 20, 1965 (executive communication)---- Van Cleve, Mrs. Ruth G., director, Office of Territories, Department of the Interior, to Hon. Roy A. Taylor, dated Mar. 16, 1966------ Comparative statement of expenditures by organizational units, fiscal years 1952, 1953, and 1954_. Comparative statements of revenues- -fiscal years 1952, 1953, 1954, Government of the Virgin Islands-Comparative obligations and budgets for the years 1959 through 1967, general fund_---- Government of the Virgin Islands of the United States, comparative statement of net revenues certified for matching funds, fiscal years ended June 30 1956, through 1965___ Government of the Virgin Islands, detailed study of actual revenues of the Virgin Islands, fiscal years 1959 through 1967.......... De Chabert, Ralph Andrew, M.D., chairman, Christiansted Demo- cratic Club, Christiansted, St. Croix, to Hon. Leo O'Brien, dated Elskoe, Dorothy, chairman, Woman's Auxiliary, Democratic Party, St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966--- Frett, Milton, president, Young Democratic Party, St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966__ Gottlieb, Roy, executive director, Virgin Islands Labor Union, AFL- CIO, St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966-- Heyliger, Clarence, chairman, Frederiksted Democratic Club, to Hon. Leo O'Brien, dated Mar. 8, 1966__ Hoffman, Louis, president, Virgin Islands Bar Association, St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 9, 1966--- Lans, Owen, president, Taxicab Association, St. Thomas, V.I., to Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands, to Hon. Wayne N. Aspinall, dated Apr. 21, 1966 (cablegram). Petersen, Hon. Frank, State chairman, Democratic Party of the Virgin Islands, to Hon. Leo O'Brien, dated Mar. 8, 1966... Plaskett, Verne, vice chairman, district committee, Democratic Party, St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966- Thurland, Genevieve, national committee woman, Democratic Party of the Virgin Islands, to Hon. Leo O'Brien, dated Mar. 8, 1966---. Excerpt from report adopted by Constitutional Convention of the H.R. 11777, TO PROVIDE FOR THE POPULAR ELECTION OF THE GOVERNOR OF THE VIRGIN ISLANDS, AND FOR OTHER PURPOSES TUESDAY, MARCH 8, 1966 HOUSE OF REPRESENTATIVES, AND INSULAR AFFAIRS OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Washington, D.C. The Subcommittee met, pursuant to notice at 10 a.m., in room 1324, Longworth House Office Building, Hon. Leo W. O'Brien (chairman of the subcommittee) presiding. Present: Representatives O'Brien, Aspinall, Rivers, Taylor, Burton of Utah, Berry, Mrs. Reid, Bingham, Skubitz, Craley, and Morton. Mr. O'BRIEN. The Subcommittee on Territorial and Insular Affairs will be in order for a hearing on H.R. 11777, by myself, to provide for the popular election of the Governor of the Virgin Islands, and for other purposes. Unless there is objection, H.R. 11777 will be inserted in the record at this point. (H.R. 11777 follows:) [H.R. 11777, 89th Cong., 1st Sess.] A BILL To provide for the popular election of the Governor of the Virgin Islands, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 503; 48 U.S.C. 1591) is amended to read as follows: "SEC. 11. The executive power of the Virgin Islands shall be vested in an executive officer whose official title shall be the 'Governor of the Virgin Islands'. The Governor of the Virgin Islands, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the legislature of the Virgin Islands. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the tenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 8, 1966. Thereafter, beginning with the year 1968, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years (except that the Governor and Lieutenant Governor elected in 1966 shall hold office for a term of two years) and until their successors are elected and qualified, unless the Governor sooner is removed by recall. The term of the elected Governor and Lieutenant Governor shall commence on the fifth day of January following the date of election. "No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is able to read and write the English language, is and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of the Virgin Islands and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in the Government House on Saint Thomas during his incumbency, which house together with land appurtenant thereto is hereby transferred to the government of the Virgin Islands. While in Saint Croix the Governor may reside in Government House on Saint Croix free of rent. "The Governor shall have general supervision and control of all the departments, bureaus, agencies and other instrumentalities of the executive branch of the government of the Virgin Islands. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this Act. He shall appoint, and may remove, all officers and employees of the executive branch of the government of the Virgin Islands, except as otherwise provided in this or any other Act of Congress, or under laws of the Virgin Islands, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Virgin Islands and the laws of the United States applicable in the Virgin Islands. Whenever it becomes necessary, in case of disaster, invasion, insurrection or rebellion or imminent danger thereof, or to prevent or suppresss lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces in the Virgin Islands or Puerto Rico, which may be given at the discretion of such military commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion or imminent danger thereof, when the public safety requires it, proclaim the islands, or any parts thereof, under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation. "The Governor shall make to the Secretary of the Interior under section 30 of this Act an annual report of the transactions of the government of the Virgin Islands for transmission to the Congress and such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body. "There is hereby established the office of Lieutenant Governor of the Virgin Islands. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this Act or under the laws of the Virgin Islands." SEC. 2. Section 12 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 503; 48 U.S.C. 1593), is deleted and replaced by the following new provision, also designated section 12: "SEC. 12. Any Governor or Acting Governor of the Virgin Islands may be removed from office by the President for cause or by the people registered to vote in the Virgin Islands if 75 per centum of the persons voting in a referendum shall vote in favor of recall. Such referendum may be initiated by the Legislature of the Virgin Islands, following a two-thirds vote of the members of the legislature in favor of referendum, or by petition to the legislature of 25 per centum of the people registered to vote in the Virgin Islands." SEC. 3. (a) Section 14 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 504; 48 U.S.C. 1595), is amended to read as follows: "SEC. 14. (a) In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor. "(b) In case of a permanent vacancy in the Office of Governor, arising by reason of the death, recall, resignation, removal or permanent disability of the Governor, or the death, resignation or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor of Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until his successor shall have been duly elected and qualified at the next regular election for Governor. "(c) In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the Governor or the Acting Governor may from time to time designate an officer or employee of the executive branch of the government of the Virgin Islands to act as Lieutenant Governor. "(d) In case of a permanent vacancy in the Office of Lieutenant Governor, arising by reason of the death, resignation or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the Office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for |