"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, resignation, removal by impeachment or permanent disability of the Governor, or the death, resignation or permanent disability of a Governorelect, or for any other reason, the Lieutenant Governor or Lieutenant Governorelect 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 President of the Legislature shall act as Lieutenant Governor.

"(d) In case of a permanent vacancy in the Office of Lieutenant Governor, arising by reason of the death, resignation, removal by impeachment, 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 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 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"(b) Section 15 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 504; 48 U.S.C. 1596), is repealed.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. 6. 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. 7. 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. 8. 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 amendment XIV of the Constitution of the United States shall have the same force and effect within the unincorporated territory of the Virgin Islands as in the United States or in any State of the United States.'

"SEC. 9. 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 336:

"'SEc. 336. For purposes of this chapter, “State" includes the Virgin Islands.' "SEC. 10. 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. 11. This Act may be cited as the 'Virgin Islands Elective Governor Act'.

PURPOSE

The purpose of H.R. 11777, introduced by Representative O'Brien, following receipt of an executive communication from the Secretary fo the Interior requesting that this be done, is to provide for the election of the Governor and Lieutenant Governor of the Virgin Islands.

NEED

H.R. 11777 is the latest of a number of steps that have been taken toward full local self-government in the Virgin Islands and toward fulfillment of the political aspirations of the people of the islands.

The Virgin Islands became U.S. territory in 1917 by purchase from Denmark. The original act to govern the new territory (act of March 3, 1917, 39 Stat. 1132) vested "all military, civil and judicial powers" in a Governor appointed by the President with the advice and consent of the Senate. Until 1931, when jurisdiction was transferred from the Department of the Navy to the Department of the Interior by Executive order and the first civilian Governor was appointed, it was the practice for a naval officer to be appointed to this position. The organic act of 1936 (act of June 22, 1936, 49 Stat. 1807) and the revised organic act of 1954 (act of July 22, 1954, 68 Stat. 497) continued this provision for Presidential appointment with the advice and consent of the Senate. It is to this and other related provisions of present law that H. R. 11777 is addressed.

While the Virgin Islands have always thus far had an appointed Governor, they have also had a popularly elected legislature. The 1917 act continued the provisions of Danish law, which dated back at least to 1906, for the election of two colonial councils, one for St. Croix, the other for St. Thomas and St. John. The ordinances of these councils, when sanctioned by the King, became law. The 1917 act, in effect, continued this system. All local laws remained in force until altered or repealed by the council concerned with the approval of the President or in accordance with regulations prescribed by him. The 1936 act provided for annual joint legislative sessions of the two municipal councils—a new name for the old colonial councils and gave this legislative assembly "power to enact legislation applicable to the Virgin Islands as a whole" subject to the conditions that it should not consider any legislation except that specified in a message from the Governor, that no bill should be enacted except by a two-thirds vote, and that every bill should be subject to gubernatorial veto and, if repassed over his veto, to Presidential veto. Under the 1954 act the legislative power of the territory was vested in a territorywide legislative body of 11 members, the jurisdiction of which extended to "all subjects of local application"-later amended to read "all rightful subjects of legislation"-not inconsistent with the laws of the United States applicable to the Virgin Islands. Provisions for gubernatorial and Presidential veto were continued, however. Six of the members were to be and are elected at large, two from St. Croix, two from St. Thomas, and one from St. John.

Since the 1954 act came into force, there have been a number of other enactments by the Congress looking toward greater self-responsibility on the part of the Virgin Islands: Public Law 85-224 authorized the enactment of local laws requiring the advice and consent of the legislature to gubernatorial appointees to commissions having quasi-judicial authority; Public Law 85-851 provided for the issuance of revenue bonds for certain types of projects authorized by the legislature and made it clear that there shoud be no political or religious test for officers and employees of the government of the Virgin Islands; Public Law 86–289 allowed the territorial attorney general to exercise some of the functions of the U.S. Attorney; Public Law 88-180 provided for the issuance of general obligation bonds in certain circumstances; Public Law 88-183 transferred submerged areas areas bordering on the islands to the territorial government and put within its concurrent jurisdiction "parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States"; and Public Law 89-100 provided for the payment of legislative salaries and expenses by the local rather than the Federal Government.

It is clear from the above that the people of the Virgin Islands have had long experience in electing one branch of their government and thus in participating in the making of their own laws. It is the belief of the committee that the people and their legislature have for the most part exercised their powers in a responsible manner. They have organized a two-party system, and have identified, discussed, and voted their opinions on matters of local concern. The legislators, in turn, have debated the issues, and at times disagreed with the Washington-appointed Governor in the manner of free legislatures everywhere. They 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 appropriations. In view of this and in view of the further facts that the governorship has become almost exclusively a local office and that the Governor, under the revised organic act, is an integral part of the legislative process with power to recommend and to veto legislation, it is the committee's view that the time is ripe for taking the progressive step toward a territorial government which is fully responsible and responsive to local needs and the local electorate which H.R.

11777 proposes. Enactment of this bill, as amended, will be a recognition that the Virgin Islands have accumulated sufficient political maturity and practice in the art of self-government to warrant this step.

SECTION-BY-SECTION ANALYSIS

Section 1 of the amended bill amends section 9 of the revised organic act by eliminating the provision for Presidential veto as a part of the lawmaking process and by providing that a gubernatorial veto may be overridden by a two-thirds vote of all the members of the legislature.

Section 2 amends section 11 of the organic act to provide for the popular election of the Governor and Lieutenant Governor jointly for a 2-year term. The first election is to be held in November of this year. Section 2 also creates the office of Lieutenant Governor to replace the present office of government secretary. Section 3 provides the method for the removal from office of the Governor and Lieutenant Governor by impeachment. A resolution to impeach must first be passed by a yea-and-nay vote of the legislature, and three-fourths of all the members of the legislature must vote in favor of it. The charges will be tried by a special court of three judges appointed by the chief judge of the Third Circuit Court of Appeals. A judgment, whether of acquittal or of conviction, by this special court will not be reviewable elsewhere. The provisions of this section are adapted from those of the constitution of Nebraska, the only State of the Union having a unicameral legislature.

Section 4 deletes from the revised organic act a provision authorizing the Governor to appoint administrative assistants for St. John and St. Croix. This is in keeping with the view that such matters should hereafter be determined by the laws of the Virgin Islands.

Section 5 creates a line of succession in the event of a vacancy, temporary or permanent, in the office of Governor or Lieutenant Governor.

Section 6 repeals a provision of existing law which bars the creation of new departments and agencies in the executive branch of the Virgin Islands government without the consent of the Secretary of the Interior.

Section 7 provides that all salaries and expenses connected with the executive and legislative departments of the Virgin Islands shall be paid locally.

Section 8 in effect extends to the Virgin Islands the provisions of article IV, section 2, paragraph 1, and amendment XIV, section 1, of the U.S. Constitution. These are the privileges and immunities clauses of article IV and amendment XIV and the due process and equal protection clauses of the 14th amendment. Section 9 extends to the Virgin Islands the portion of the general military laws which authorizes the President to call upon Federal or local forces in case of insurrection or other similar emergency.

Section 10 makes January 5, 1967, the effective date of the act except for its election provisions. The latter becomes effective immediately upon enactment. Section 11 states that the act shall be known as the Virgin Islands Elective Governor Act.

COMMITTEE AMENDMENT

The committee amendment strikes all below the enacting clause of the original bill and inserts new text in lieu thereof. The principal differences between the substitute and the original text are the provision for a 2-year, rather than a 4year, term of office for the Governor and Lieutenant Governor; the substitution of impeachment proceedings for the recall and Presidential removal proceedings contemplated by the original bill; and the amendment of the present law to delete provisions relating to Presidential approval and veto of acts of the Virgin Islands Legislature.

COST

No additional Federal expenditures are involved in the legislation. Actually, there will be a slight reduction since the territory of the Virgin Islands is assuming the salary and expenses of the Governor and Lieutenant Governor.

EXECUTIVE COMMUNICATION AND DEPARTMENTAL REPORT

The executive communication from the Secretary of the Interior, dated October 20, 1965, is as follows:

DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., October 20, 1965.

Hon. JOHN W. MCCORMACK,
Speaker of the House of Representatives,
Washington, D.C.

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 selfgovernment 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 self-governing 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 apecifically:

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 Islands 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 selfgovernment 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,