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 Govern or 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. 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. He "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 the unexpired term and until his successor shall have been duly elected and qualified at the next regular election of 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 the Virgin Islands 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 the Virgin Islands. "(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." (b) Section 15 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 504; 48 U.S.C. 1596), is repealed. SEC. 4. Subsection (a) of section 16 of the Revised Organic Act of the Virgin Islands, as amended (68 Stat. 497, 504; 48 U.S.C. 1597(a)), is amended by deleting therefrom the last sentence. SEC. 5. Section 20 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 505; 48 U.S.C. 1592, 1598, 1641), as amended, is amended to read as follows: "SEC. 20. The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of the Virgin Islands and the members of the legislature, shall be paid by the government of the Virgin Islands at rates prescribed by the laws of the Virgin Islands." SEC. 6. Effective on the date of enactment of this Act, section 3 of the Revised Organic Act of the Virgin Islands (68 Stat. 497; 48 U.S.C. 1561), is amended by adding at the end thereof the following new paragraph: "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 the Virgin Islands 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 Virgin Islands." 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 "Virgin Islands Elected Governor Act". Mr. O'BRIEN. This was introduced as a result of an executive communication, and without objection, the executive communication will remain a part of the record at this point. (The document referred to follows:) U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., October 20, 1965. Hon. JOHN W. McCORMACK, Speaker of the House of Representatives, DEAR MR. SPEAKER: Enclosed is a draft of a proposed bill to provide for the popular election of the Governor of the Virgin Islands, and for other purposes. We urge the enactment of this proposed legislation. This legislation represents an important forward step in the development of self-government in the Virgin Islands and toward the fulfillment of the political aspirations of its people. In fact, the Federal power to appoint Governors of the territories presently is being used in the direction of encouraging local leadership and in providing Governors who are within the Federal limitations that will be observed by elected as well as appointed Governors-advocates of the territories' own best interests. The incumbent Governor of the Virgin Islands is a native and lifelong resident of the Virgin Islands. But even this larger recognition of the local desire for home rule that is presently in practice, as a matter of executive policy, is no substitute for home rule granted as a right. Furthermore, we encounter the possibility that an appointed Governor, no matter how wisely and carefully he may have been selected, would not be the choice of the people if they were given the opportunity to elect their Governor by popular vote. It is clear that an appointment policy which is presently dedicated to the practice of selecting Governors who are local residents and locally oriented does not fill the democratic desire of the people of the territories for self-government, nor does any appointment policy not required by law to give preference to local resident appointees give permanent assurance of local leadership in local affairs. The enclosed proposed legislation will permit the people of the Virgin Islands to elect their own Governor and Lieutenant Governor. The Virgin Islands became a U.S. territory in 1917, through purchase from Denmark, with the early governing function being carried out by a naval commander-governor. Since 1954, the Government of the Virgin Islands has been organized pursuant to the Revised Organic Act of the Virgin Islands, which substantially revised the Organic Act of 1936. Provision is made for a civilian administration and an elected legislature with statutory powers of local govern ment. A civilian Governor, appointed by the President, was a logical replacement of a naval commander-governor and provided orderly transition between periods of military government and a civilian government with many newly established selfgoverning powers. The people of the Virgin Islands have elected legislators, have organized a party system, and have identified, discussed, and voted their opinions on matters of local concern. The elected members of the legislature, in turn, have debated the issues, and at times have disagreed with the Governor or with fellow members, in the manner of free legislatures everywhere. The elected legislators have enacted laws of local application, and have levied taxes and appropriated funds sufficient for the ordinary needs of the local government, without resort to direct Federal appropriation. On the record, the people of the Virgin Islands have gained sufficient political maturity and practice in the art of self-government to eliminate from the Revised Organic Act what may be viewed historically as a transition feature: the Federal appointment of the principal executive officers of the Virgin Islands. The people of the Virgin Islands now appear ready, willing, and able to elect their own. În a number of important respects, the enclosed draft differs from the draft transmitted in 1964 (introduced into the 88th Congress as H.R. 12420), which was based in large part on Organic Act provisions for the appointed Governor. The substantive revisions of this draft are aimed in the direction of more selfgovernment, with certain Federal controls over the office of Governor being eliminated, while local checks and balances over his office are correspondingly increased. The draft calls for the Lieutenant Governor to be an elected official, rather than an appointee of the Governor. The draft provides that the Governor shall be subject to recall by the people of the Virgin Islands, as well as providing for his removal by the President for cause. Some of the emergency powers of the appointed Governor that were authorized in the Revised Organic Act of the Virgin Islands are inappropriate for an elected local official, not supervised by the President or his designee, and they have been eliminated or curtailed. Thus, the elected Governor will not be permitted to grant respites for offenses against the laws of the United States, nor to suspend the writ of habeas corpus. More specifically: 1. Section 1 of the bill, by amendment to section 11 of the Revised Organic Act of the Virgin Islands, provides for the popular election of the Governor and Lieutenant Governor in November 1966, and defines the scope of the Governor's authority. An elected Lieutenant Governor, in contrast to a government secretary appointed by the Governor, will insure administration of the Virgin Islands by an elected official in the event of temporary absence of its Governor or permanent vacancy of his office. An elected Lieutenant Governor has been suggested by the Virgin Islands constitutional convention. A majority vote is required to elect, and a runoff will be held in case a majority is not obtained in the first election. "Personality" factions may develop in a small community resulting in a proliferation of factional candidates, which would make possible the election of a Governor with little popular support if election by majority vote were not required. The Governor and Lieutenant Governor always will be members of the same party because under the terms of the bill voters are required to cast one vote for both offices, as in the State of New York (New York constitution, art. IV, sec. 1). The Governor will hold office for 4 years, but to coordinate the term of the Governor with the presidential election cycle the first elected Governor will serve for only 2 years. Election of a Governor in the Virgin Islands at the same time a President is elected in the United States will permit candidates in the Virgin Islands, if they choose to do so, to identify with the program and candidates of one of the national political parties. In this way, the Virgin Islands electorate will be better informed of the political philosophy of the candidates, and the policies each is likely to follow as Governor, than would be the case if only local issues were to be debated in an off-year. The date of the general election is established in section 10 of the Revised Organic Act of the Virgin Islands. To qualify for election as Governor or Lieutenant Governor, a candidate must have been a U.S. citizen and bona fide resident of the Virgin Íslands for 5 years immediately preceding the election, must be able to read and write English, and must be at least 30 years old or have his 30th birthday on or before the beginning of his term. With one principal exception (pertaining to the writ of habeas corpus, and discussed below), the duties expressly assigned to the Governor do not depart significantly from the similar powers and duties of an appointed Governor in the Virgin Islands Revised Organic Act. An elected Governor will not be authorized to call out the militia to prevent or suppress violence whenever it becomes necessary unless the violence is "lawless" (cf. Hawaii, Constitution, art. IV, sec. 5; Alaska, Constitution, art. III, sec. 19). However, martial law, which may be declared under the provisions of this draft, as under the Revised Organic Act, "in case of rebellion or invasion or imminent danger thereof, when the public safety requires it" may be revoked by the legislature, meeting forthwith on its own initiative, and not by the President of the United States (cf. Puerto Rico Constitution, art. IV, sec. 4). It is more in keeping with the pattern of local self-government to provide local checks and balances over the actions of an elected Governor. It should be noted, however, that an improper exertion of military power by the Governor would be subject to judicial inquiry and may be enjoined, if deemed to invade rights secured by the Revised Organic Act or by any portions of the Constitution of the United States now or hereafter made applicable in the Virgin Islands (Sterling v. Constantin, 287 U.S. 378 (1932); Balzac v. Porto Rico, 258 U.S. 298 (1922); Mora v. Mejias, 206 F. 2d 377 (1st Cir. 1953); sec. 6 of the enclosed draft). The elected Governor will not be granted the power, which was granted to the appointed Governor under the Revised Organic Act, to suspend the writ of habeas corpus, even in cases of invasion or rebellion when martial law may be declared. Presently in the Virgin Islands, as in the United States, the writ of habeas corpus may be suspended in such emergencies, when the public safety requires it (Revised Organic Act, sec. 11, U.S. Constitution, art. 1, sec. 9). The power to suspend this most fundamental right is generally viewed as a legislative and not an executive power, except in those instances when the President acts as Commander in Chief, and then only in the area, and during the period of, actual military operations (25 Am. Jur., Habeas Corpus, sec. 8; Corwin, "The Constitution and What It Meams Today," 1951, p. 70; Ex parte Milligan, 4 Wall. 2 (1866)). The declaration of martial law may be viewed as an ipso facto suspension of the writ, or at least of the requirement to comply with the writ; on grounds of necessity, a military commander has an unquestioned power "simply to arrest and detain civilians interfering with a necessary military function at a time of turbulence and danger from insurrection or war" (Duncan v. Kahanomoku, 327 U.S. 304, 314 (1946)). In declaring martial law, the elected Governor will be authorizing his own militia to act vigorously in case of actual or threatened rebellion or invasion, but not to supplant civilian courts with military tribunals, if conditions permit civilian courts to function (Duncan v. Kahanamoku, op. cit., Ex parte Milligan, op. cit.). The federally appointed Governor has been given extraordinary power under the Virgin Islands Organic Act to call upon the U.S. Armed Forces, which, with reference to the Army and the Air Force, is a power expressly prohibited, without special authorization, to local officials, such as elected Governors, by the provisions of 18 U.S.C. 1385. This authority is continued by the enclosed draft. The bill permits the elected Governor to request assistance from the local military commanders in emergencies, and the Governor's request may be made directly, as 18 U.S.C. 1385 might otherwise forbid, without prior clearance through Washington. The draft bill makes it clear that the local military commander will not be required to respond to the Governor's request, but may give such assistance if it is not disruptive of his military commitments or inconsistent with his Federal |