Accordingly, the duties of the elected Lieutenant Governor are not specified, and he may be assigned whatever duties the elected Governor or the Guam Legislature provides, and he has been relieved of the ministerial duties of the appointed government secretary.

2. Section 2 of the proposed bill makes an important revision in the Organic Act. The appointed Governor and government secretary now serve for 4 years but may be removed by the President (cf. S. Rept. 2109, 81st Cong., 2d sess., p. 5). In the enclosed draft the elected Governor is made subject to removal by the President for cause and also by his own electorate by the recall process. The recall provision provides that the Governor may be recalled by a 75-percent vote in a special referendum, which may be initiated either on petition of 25 percent of the registered voters of Guam or by a two-thirds vote of the legislature in favor of referendum. In part, the provision parallels section 8 of article III of the constitution of Michigan, which permits recall upon petition of 25 percent of the voters; however, the voters in a Guam referendum may include all persons registered to vote and not merely, as in the case of Michigan, persons who voted in a prior election. In part, the provision parallels a provision recommended by the constitutional convention of the Virgin Islands, which will be considered in formulation of the anticipated companion bill for popular election of the Governor of the Virgin Islands. As the convention recommended, the referendum may be initaited by a two-thirds vote of the legislature as well as by voters' petition to the legislature. This provision protects a Governor elected by a slim majority, since he cannot be recalled by any slight shift in the winds of public opinion, but only by a very substantial 75 percent vote against him. A recall would be a controversial subject, with a high percentage of voters registering an opinion on the important issue; however, if apathy among the Governor's erstwhile supporters leaves decision in the referendum mainly to opposition voters, the nonsupport of the former plus the registered opposition of the latter also will justify his recall. It may be noted that the recall procedures does not necessarily, in the manner of impeachment, impugn the character of the Governor, nor is it limited to cases of nonfeasance, misfeasance, or malfeasance in office (Wallace v. Tripp, 101 N.W. 2d 312 (S.C. Mich. 1960)). The details of the recall procedure, such as the minimum period before recall based on conduct in office will be in order, or the content of a recall petition, are matters properly left to local legislation. Removal of a Governor by an impeachment procedure patterned after provisions of the U.S. Constitution (art. I, secs. 2 and 3) or the Constitution of Puerto Rico (art. III, sec. 21) is nor deemed suitable for Guam which has a unicameral legislature and, no convenient alternative institution independent of the executive which might initiate impeachment proceedings to be tried by its legislature, sitting on oath or affirmation, in the role of an upper house. A Governor accused of a crime would be subject to a recall action by the people.

3. Section 3 of the proposed bill covers temporary of permanent vacancy in the office of Governor or Lieutenant Governor, or both. In case of a temporary disability or absence of the Governor, the Lieutenant Governor exercises the powers of the Governor, but does not assume his office. In the event the office were to become permanently vacant by reason of the death, resignation, or permanent disability of a Governor (or Governor-elect) or recall of a Governor, the Lieutenant Governor (or Lieutenant Governor-elect) will succeed to the office of Governor for the unexpired term. In case of temporary disability or absence of a Lieutenant Governor, the Governor will appoint a government employee to act as Lieutenant Governor, but if the office of Lieutenant Governor is permanently vacant, the Governor may appoint any qualified person to be the new Lieutenant Governor, subject to approval of the legislature. The temporary administrator, in case of temporary disability or absence of both Governor and Lieutenant Governor, as well as their successors in case of permanent vacancy in both offices, will be determined under local law. Territorial legislation could be enacted to deal with the possibility of controversy as to the permanent disability of any Governor or the fitness of any temporarily disabled Governor to resume the duties of his office.

4. Section 4 of the proposed bill deletes the first three sentences of section 9. The first sentence of section 9 deals with the appointive powers of the Governor and is replaced with a new definition of powers in the new section 6 of the act. The second and third sentences of section 9 give preference to persons of Guamanian ancestry for jobs with the government of Guam, as well as preference for education and in-service training opportunities offered by the government of Guam. Removal of this language will bring the government of Guam employment policy into conformity with the provisions of title VII of the Civil

Rights Act of 1964. provisions of title VII.

Private employers on Guam are already covered by the

5. Section 5 of the proposed bill replaces all of section 26 of the Organic Act with a simple provision for payment from local funds of the salaries of all executive, legislative, and judicial officials who are employees of the government of Guam, at rates prescribed by the laws of Guam.

Payment of the salaries of the Governor and Lieutenant Governor from local, instead of Federal funds, at rates established under local, not Federal, law is a logical consequence of the proposed alteration in the Governor's status. Federal payment of salaries of the Legislature of Guam was eliminated by Public Law 89-100, signed July 30, 1965. The U.S. district court judge, U.S. attorney, and marshal will continue to be federally appointed officials, paid from Federal funds (Guam Organic Act, sec. 24).

The proposed draft also will delete entirely from section 26 its paragraph (c); namely, a Federal obligation to pay travel and moving expenses and to provide housing for government of Guam employees recruited outside Guam. Since the fiscal year 1953, such costs have been assumed by the government of Guam and the federally appointed Governors of Guam have not sought appropriations from Congress for this purpose. Deletion of section 26 (c) will remove a type of Federal assistance for Guam, but it is assistance which the government of Guam has not utilized for many years. If these sections are not eliminated, it is conceivable that an elected Governor, not under the supervision of the Federal Government, could incur an obligation, enforceable against the United States (28 U.S.C. 1346) by hiring employees from outside Guam for whom the Guam Legislature had not already provided travel and housing appropriations.

6. Section 6 of the proposed bill will guarantee to U.S. citizens not resident in Guam the privileges and immunities of U.S. citizens resident in Guam (U.S. Constitution, art. IV, sec. 2) and will further guarantee to all U.S. citizens in or entering Guam—including the corporations of any of the United States—rights of national citizenship, "such as the right to engage in interstate and foreign commerce, the right to appeal in proper cases to the national courts, the right to protection abroad” (U.S. Constitution, art. XIV, sec. 1; Corwin, op. cit., p. 187). 7. Section 7 of the proposed bill, as noted above, is necessitated by the limitation of authority for the elected Governor of Guam to call upon the U.S. Armed Forces in an emergency. The general military law is amended to authorize the President to call upon Federal or local forces to suppress civil insurrection in Guam as in any State.

8. Section 8 of the proposed bill will alter the elected Governor's powers as of the date he assumes office. Provisions governing the first election of a Governor and Lieutenant Governor, such as the required majority vote or the casting of one vote for candidates for the two offices, will be in effect at the time of the first election. Sections 6 and 7 of the enclosed bill, which might have been proposed independently, as Organic Act amendments extending to Guam needed provisions of Federal law, will become effective on the date of enactment.

In our view, an elected Governor is so very much desired by the people of Guam that consideration of the proposed bill, followed by early enactment of this or a similar measure to provide an elected Governor for Guam, is a matter of some urgency. We believe that greater autonomy for Guam (with the enumerated safeguards against abuse of autonomy or the elected Governor's powers) is morally and politically right. In addition, an elected Governor for Guam would be clear and unequivocal implementation of U.S. commitments under article 73 of chapter XI (declaration regarding non-self-governing territories) of the United Nations Charter. For all the world, not excepting any of the countries represented in the United Nations Committee of 24, the United States would appear demonstrably at work, extending and improving, even in a tiny island territory thousands of miles from the seat of government, the democracy and constitutional system for which it stands.

The Bureau of the Budget has advised that the presentation to the Congress of this legislative proposal is in accord with the program of the President.

Sincerely yours,

STEWART L. UDALL,
Secretary of the Interior.

A BILL To provide for the popular election of the Governor of Guam, 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 6 of the Organic Act of Guam (64 Stat. 384, 386; 48 U.S.C. 1422), is amended to read as follows:

"SEC. 6. The executive power of Guam shall be vested in an executive officer whose official title shall be the 'Governor of Guam'. The Governor of Guam, 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 Guam. 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 run-off 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 Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official

residence in Guam during his incumbency.

"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 Guam. 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 Guam, except as otherwise provided in this or any other Act of Congress, or under the laws of Guam, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection or rebellion or imminent danger thereof, or to prevent or suppress 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 Guam, 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 island, or any part thereof, under matial law. The members of the Legislature shall meet forthwith on their own initiative and may, by a twothirds vote, revoke such proclamation.

The

"There is hereby established the Office of Lieutenant Governor of Guam. 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 Guam."

SEC. 2. Section 7 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422a), is deleted and replaced by the following new provision, also designated section 7:

"SEC. 7. Any Governor or Acting Governor of Guam may be removed from office by the President for cause or by the people registered to vote in Guam if 75 percent of the persons voting in a referendum shall vote in favor of recall; such referendum may be initiated by the Legislature of Guam, following a twothirds vote of the members of the Legislature in favor of referendum. or by petition to the Legislature of 25 percent of the people registered to vote in Guam." SEC. 3. Section 8 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422b) as amended, is amended to read as follows:

"The Governor shall make to the head of the department or agency designated by the President under section 3 of this Act an annual report of the transactions of the Government of Guam for transmission to the Congress and such other 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, "SEC. 8. (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 or 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 Guam 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 Governorelect 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 the unexpired term and until his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.

"(e) In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the Office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.

"(f) No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the Office of Governor or Lieutenant Governor under the provisions of this Act."

SEC. 4. The first three sentences of paragraph (b) of Section 9 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c) are deleted.

SEC. 5. Section 26 of the Organic Act of Guam (64 Stat. 384, 391; 48 U.S.C. 1421d), as amended, is amended to read as follows:

"SEC. 26. The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the Government of Guam and the members of the Legislature, shall be paid by the Government of Guam at rates prescribed by the laws of Guam."

SEC. 6. Effective on the date of enactment of this Act, section 5 of the Organic Act of Guam (64 Stat. 384, 385; 48 U.S.C. 1421b), is amended by adding at the end thereof the following new subsection (u):

"(u) The provisions of paragraph 1 of section 2 of article IV and section 1 of article XIV of the Constitution of the United States shall have the same force and effect within the territory of Guam as in the United States or in any State of the United States."

SEC. 7. Effective on the date of enactment of this Act, chapter 15 of the General Military Law (70A Stat. 15, 16; 10 U.S.C. 331-334) is amended by adding at the end thereof the following new section 335:

"SEC. 335. For purposes of this chapter, 'State' includes the possession Guam." SEC. 8. Except as to provisions applicable to the election of the Governor and Lieutenant Governor, which provisions shall take effect on the date of enactment of this Act, and unless otherwise expressly provided herein, this Act shall be effective January 5, 1967.

SEC. 9. This Act may be cited as the "Guam Elected Governor Act."

Mr. O'BRIEN. We also will have a hearing on H.R. 13294, by Mr. O'Brien, to amend the Organic Act of Guam to provide for the election of the members of the Legislature of Guam by districts.

H.R. 13298, by Mr. Craley, to amend the Organic Act of Guam in order to authorize the legislature thereof to provide by law for the election of its members from election districts.

The testimony, I believe, should be separated, and we will hear from the witnesses first on the bills relating to the popular election of the Governor of Guam.

61-024-66- 2

However, without objection, Mr. Matsunaga, a Representative in Congress from the State of Hawaii, will be permitted to insert his remarks at this point in the record.

STATEMENT OF SPARK M. MATSUNAGA, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF HAWAII

Mr. Chairman and members of the subcommittee, I thank you for this opportunity of appearing before you and expressing my views with respect to H.R. 11775, a bill to provide for the popular election of the Governor and Lieutenant Governor of Guam.

As you know, on May 20, 1965, I introduced a similar bill, H.R. 8322, which was subsequently replaced by an executive communication introduced by the chairman of this subcommittee. I am grateful for the subcommittee's action in considering me as a cosponsor of that legislation, H.R. 11775, which now is the subject of these hearings.

Coming as I do from a State which became a U.S. territory in the same year that Guam achieved that status in 1898, I can fully appreciate the desire of the citizens of Guam to take the important forward step in self-government that this bill provides. A brief review of Guam's political history since it became a territory reveals a continung trend toward greater self-government.

Following the conclusion of the Spanish-American War, the governing function of Guam was carried out by a naval commander-Governor, an arrangement which was consistent with the status that the United States then accorded its newly acquired territory-an important naval installation.

A civilian Governor, appointed by the President, was a logical transition from a military-type government to a civilian government. This was provided for in the Guam Organic Act of 1950, which also established other self-governing powers.

In the last 15 years, we have seen the people of Guam achieve sufficient political maturity and practice in the art of self-government to now exercise the authority for which they appear ready—the popular election of their principal executive officers.

Mr. Chairman, the experience of my own State of Hawaii has shown that there is no substitute for home rule granted as a matter of right. While Hawaii, before achieving statehood, did not go through a transitional period in which its Governor and Lieutenant Governor were elected by popular vote, I urge that such right be granted Guam. It is indeed a credit to presidential discretion that the appointive Governors of both Hawaii and Guam have been local residents who have had the best interests of their territory at heart. However, irrespective of how commendable the appointment policy has been in the past, there is still no adequate substitute for the democratic desire of the poeple of a territory for self-government. H.R. 11775 would enable the people of Guam to practice that measure of selfgovernment for which they are prepared, and gives them permanent assurance of local leadership in local affairs.

I strongly urge that H.R. 11775 be reported favorably by this subcommittee. Thank you very much.

Our first witness will be Harry R. Anderson, Assistant Secretary of the Interior for Public Land Management, and he is accompanied by Mrs. Ruth Van Cleve, Director, Office of Territories, Department of the Interior; and Hon. Manuel F. L. Guerrero, Governor of Guam. Mr. Secretary, it is good to have you here.

STATEMENT OF HON. HARRY R. ANDERSON, ASSISTANT SECRETARY OF THE DEPARTMENT OF THE INTERIOR FOR PUBLIC LAND MANAGEMENT, ACCOMPANIED BY MRS. RUTH VAN CLEVE, DIRECTOR, OFFICE OF TERRITORIES, DEPARTMENT OF THE INTERIOR

Mr. ANDERSON. Mr. Chairman and members of the committee, I am pleased to have this opportunity to appear in support of this bill to provide for an elected Governor for the Territory of Guam.