Изображения страниц
PDF
EPUB

CONTENTS

Hearings on

March 8, 1966:

Page

Morning session on H.R. 11777..

1

March 9, 1966:

Afternoon session on H.R. 11777..

59

Afternoon session on H.R. 13277.

107

April 19, 1966:

Morning session on H.R. 11777.

63

Morning session on H.R. 13277...

137

April 27, 1966:

Morning session on H.R. 11777-

75

Morning session on H.R. 13277.

143

Text of:

H.R. 11777..

H.R. 13277

108

Committee Print No. 18, subcommittee amendments to H.R. 11777 - 75

Draft of proposed bill to provide for the popular election of the Governor

of the Virgin Islands...

8

Proposed bill to amend the Revised Organic Act of the Virgin Islands to

provide for the reapportionment of the Legislature of the Virgin Islands.. 108

Statements:

Anderson, Hon. Harry R., assistant Secretary of the Interior for

Public Land Management.

10, 109

Anduze, Dr. Aubrey A., president of the Virgin Islands constitution

convention.-

59, 124

Mawson, Leon A., State chairman of the Republican Party of the

Virgin Islands.

55

Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands...

12, 110

Puritz, Senator David, member of Legislature of the Virgin Islands. 49, 129

Van Cleve, Mrs. Ruth G., director, Office of Territories, Department

of the Interior..

112

Letters:

Anderson, Hon. Harry R., Assistant Secretary of the Interior, to Hon.

John W. McCormack, dated Mar. 3, 1966.-

107

Clark, Hon. Ramsey, Deputy Attorney General, to Hon. Wayne N.
Aspinall, dated May 16, 1966..

48

Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands, to Hon.

Wayne N. Aspinall, dated Apr. 22, 1966.-

146

Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands, to Hon.
Leo O'Brien, dated Mar. 11, 1966.-.

22
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.--- 34
Tables:

Comparative statement of expenditures by organizational units,
fiscal years 1952, 1953, and 1954.--

28
Comparative statements of revenues—fiscal years 1952, 1953, 1954,
1955..

24
Government of the Virgin Islands—Comparative obligations and
budgets for the years 1959 through 1967, general fund.--

30
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...

26
Government of the Virgin Islands, detailed study of actual revenues of
the Virgin Islands, fiscal years 1959 through 1967.-

25

3, 94

Tables—Continued

Page

Government of the Virgin Islands-Statement of internal revenue

funds received under Public Law 517..

27

Legislators elected at large.---

146

Telegrams:

Aspinall, Hon. Wayne N., to Governor Ralph Paiewonsky of the

Virgin Islands, dated Apr. 19, 1966 (telegram)---

146

Callwood, Horace, chairman, district committee, Democratic Party,

to Hon. Leo O'Brien, dated Mar. 8, 1966..

134

De Chabert, Ralph Andrew, M.D., chairman, Christiansted Demo-

cratic Club, Christiansted, St. Croix, to Hon. Leo O'Brien, dated

Mar. 8, 1966.-

133

Elskoe, Dorothy, chairman, Woman's Auxiliary, Democratic Party,

St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966--

135

Frett, Milton, president, Young Democratic Party, St. Thomas, V.I.,

to Hon. Leo O'Brien, dated Mar. 8, 1966--

134

Gottlieb, Roy, executive director, Virgin Islands Labor Union, AFL-

CIO, Śt. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966-- 135

Heyliger, Clarence, chairman, Frederiksted Democratic Club, to Hon.

Leo O'Brien, dated Mar. 8, 1966--

133

Hoffman, Louis, president, Virgin Islands Bar Association, St. Thomas,

V.I., tó Hon. Leo O'Brien, dated Mar. 9, 1966..

135

Lans, Owen, president, Taxicab Association, St. Thomas, V.I., to

Hon. Leo O'Brien, dated Mar. 8, 1966.-

134

Muckle, Lew, president, Young Democratic Club of St. Croix, to

Hon. Leo O'Brien, dated Mar. 8, 1966.

133

Ottley, Earle B., president, Virgin Islands Legislature, St. Thomas,

V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966.

134

Paiewonsky, Hon. Ralph M., Governor of the Virgin Islands, to Hon,

Wayne N. Aspinall, dated Apr. 21, 1966 (cablegram).

146

Petersen, Hon. Frank, State chairman, Democratic Party of the

Virgin Islands, to Hon. Leo O'Brien, dated Mar. 8, 1966..--

134

Plaskett, Verne, vice chairman, district committee, Democratic Party,

St. Thomas, V.I., to Hon. Leo O'Brien, dated Mar. 8, 1966.

135

Thurland, Genevieve, national committeewoman, Democratic Party

of the Virgin Islands, to Hon. Leo O'Brien, dated Mar. 8, 1966.--- 133

Additional information:

Excerpt from report adopted by Constitutional Convention of the

Virgin Islands, Feb. 26, 1965.-

111, 126

Report No. 1511 amending the revised organic act of the Virgin

Islands to provide for the reapportionment of the Legislature of the

Virgin Islands...

148

Report No. 1519 providing for the popular election of the Governor

of the Virgin Islands.

89

Resolution No. 203, bill No. 1660, passed by the Legislature of the

Virgin Islands, Mar. 8, 1962.-

111

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,
SUBCOMMITTEE ON TERRITORIAL

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 cf 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

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, 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 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

« ПредыдущаяПродолжить »