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H.R. 13277, TO AMEND THE REVISED ORGANIC ACT OF THE VIRGIN ISLANDS TO PROVIDE FOR THE REAPPORTIONMENT OF THE LEGISLATURE OF THE VIRGIN ISLANDS

WEDNESDAY, MARCH 9, 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 2:25 p.m., in room 1324, Longworth House Office Building, Hon. Leo W. O'Brien (chairman of the subcommittee) presiding.

Present: Representatives O'Brien, Aspinall, Burton of Utah, Mrs. Reid of Illinois, Skubitz, and Morton.

Mr. O'BRIEN. At this time the committee will hear testimony on H.R. 13277, to amend the Revised Organic Act of the Virgin Islands to provide for the reapportionment of the Legislature of the Virgin Islands. This was introduced as a result of an executive communication.

Without objection, a copy of the executive communication will be made a part of the record at this time, as well as H.R. 13277. Hearing no objection, it is so ordered.

(The matter referred to follows:)

U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, D.C., March 3, 1966.

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

DEAR MR. SPEAKER: Enclosed herewith is a proposed bill to amend the Revised Organic Act of the Virgin Islands to provide for the reapportionment of the Legislature of the Virgin Islands.

We recommend that the proposed bill be referred to the appropriate committee for consideration, and we recommend that it be enacted.

Under existing law (48 U.S.C. 1571(b)) the Virgin Islands is divided into 3 legislative districts the Districts of St. Thomas, St. Croix and St. John—and the 11 members of the legislature are elected as follows: 2 senators from the District of St. Thomas, 2 senators from the District of St. Croix, 1 senator from the District of St. John, and 6 senators at large who are elected by the qualified electors of the Virgin Islands from the Virgin Islands as a whole. The same law provides that in the election of the six senators at large each elector shall be permitted to vote for two candidates and the candidates receiving the greatest number of votes are declared to be elected up to the number to be elected at that election.

After 11 years of experience with the existing law, a period which comprehends very substantial political development in the Virgin Islands with the achievement

of an ever-increasing sense of political maturity, and the pronouncements of the Supreme Court of the United States concerning legislative reapportionment, we believe that the existing law should be modified to reflect experience, the wishes of the people of the Virgin Islands, and external circumstances of the times. The enclosed draft proposal amending the existing law, if enacted, would, in our opinion, provide the necessary revision of the present law.

Recognizing the development of political maturity in the government and people of the Virgin Islands, the proposed amendment would leave to local enactment the details of legislative apportionment. Criteria by which to judge the propriety of any reapportionment are not detailed since it seems to us presumptious at this point in time to attempt to forecast just what criteria may emerge from current litigation concerning this very point. In lieu of specific criteria, the proposed amendment incorporates and makes applicable to any reapportionment the language of the equal protection clause of the 14th amendment of the Constitution, which language is the basis of the Supreme Court's "one man-one vote" decisions. While those decisions are not for application in the Virgin Islands, we nevertheless strongly believe in the correctness of the principle stated and by the foregoing we would provide for its enforcement in the Virgin Islands, should the need for such enforcement ever arise.

The proposed amendment also provides that electors shall be entitled to vote for the whole number of candidates to be elected, whether by district or at large. The substitution of this procedure for the existing "two of six" provision seems to us to to be required if we are to be consistent.

Finally, the proposed amendment contains a transitory provision extending the existing law until such time as a reapportionment is effected, subject to a provision that the second proviso pertaining to the number of candidates for whom an elector may vote shall be come effective upon enactment.

This proposal is consistent with the wishes of the people and government of the Virgin Islands, although it does not follow the form of the recommendation of the Virgin Islands Constitutional Convention as adopted February 26, 1965. That recommendation followed the format of the existing law and detailed a new apportionment of the legislature to be enacted by the Congress. For the reasons stated, we have suggested that the Congress authorize local legislation in this regard subject to the stated provisos. The deletion of the "two of six" provision is common to the recommendation of the constitutional convention and the enclosed proposal.

The Bureau of the Budget has advised that there is no objection to the presentation of this draft bill from the standpoint of the administration's program. Sincerely yours,

HARRY R. ANDERSON, Assistant Secretary of the Interior.

A BILL To amend the Revised Organic Act of the Virgin Islands to provide for the reapportionment of the Legislature of the Virgin Islands

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That section 5(b) of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1571(b)), is amended to read as follows:

"(b) The legislature shall be composed of eleven members to be known as senators. The apportionment of the legislature shall be as provided by the laws of the Virgin Islands: Provided, That such apportionment shall not deny to any person in the Virgin Islands the equal protection of the law: and Provided further, That every voter in any district election or at large election shall be permitted to vote for the whole number of persons to be elected in that district election or at large election, as the case may be. Until the legislature shall provide otherwise, the apportionment of the legislature shall remain as it is upon the date of enactment of this section: Provided, however, That the second proviso of this section shall be effective upon enactment."

Mr. O'BRIEN. Our first witness today will be 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, and Hon. Ralph M. Paiewonsky, Governor of the Virgin Islands, and Senator David Puritz, member of the Legislature of the Virgin Islands-with the understanding if any question arises on which Dr. Anduze can spread light, he will testify also.

May I express the hope, and probably just the hope, that perhaps we can handle this a little more expeditiously than we did the legislation yesterday, and that is not just for the sake of attacking a very large amount of mail in my office-but here we are reapportioning, Yesterday we were dealing with legislation which was really starting brand new.

Mr. MORTON. If that is a long way of telling me to be a good boy, Mr. Chairman, I will be a good boy.

Mr. O'BRIEN. You are always a good boy.

We will hear at this time from you, Mr. Secretary.

STATEMENT OF HON. HARRY R. ANDERSON, ASSISTANT SECRETARY OF THE INTERIOR FOR PUBLIC LAND MANAGEMENT

Mr. ANDERSON. Thank you, Mr. Chairman.

Mr. Chairman and members of the committee, we favor the enactment of this bill. It is the product of a departmental communication proposing such a measure, and the departmental position is set forth in that letter.

This bill recognizes the wishes of the people of the Virgin Islands as expressed by the pertinent recommendation of the report of the Virgin Islands Constitutional Convention dated February 26, 1965, and it recognizes also our views regarding the development of political maturity in the government and the people of the Virgin Islands, 11 years of experience with the existing statute, and the internal and external pressures of the present. We believe that the enactment of this bill is necessary and would be wholly consistent with our territorial responsibilities and the continuing development of the Virgin Islands, and the meaningful self-government for that territory.

If enacted, this bill would permit the Legislature of the Virgin Islands to reapportion itself as it thought best, subject to the conditions that no person in the Virgin Islands would be denied the equal protection of the law by such reapportionment, and that every voter would be permitted to vote for the whole number of persons to be elected at any district or at-large election.

This procedure would be substituted for the present statute which fixes the apportionment of the legislature to be two senators from the district of St. Thomas, two from the district of St. Croix, one from the district of St. John, and six Senators at large to be elected from the Virgin Islands as a whole. The present statute also provides that in the election of Senators at large the electors shall be entitled to vote for only two of the six candidates.

Consistent with the principle enunciated in the "one man-one vote" decisions of the Supreme Court, we believe that the Legislature of the Virgin Islands should be reapportioned. Although the decisions of the Supreme Court in this regard do not apply per se to the Virgin Islands, we favor the language in the bill which would provide the means of enforcing that principle.

The bill would permit every voter to vote for the whole number of candidates to be elected from his district and at large. This would be in keeping with the decisions of the Supreme Court. Further, rapid political development has taken place in the Virgin Islands in recent years with the formation and development of strong political factions and political leaders. The "two of six" provision of the existing statute

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lends itself, we understand, to arrangements by strong and disciplined parties. The strongest candidate or candidates can instruct the party members in given areas who would otherwise vote for them to vote for a weaker running mate. Thus, if party or personal discipline is strong enough to enforce the instructions, candidates who are not necessarily the popular choice of the majority may be elected. The terms of this bill would appear to minimize such practices.

Finally, as we have noted, this bill recognizes the wishes of the people of the Virgin Islands in this regard in that it does provide for reapportionment. It does not, however, follow the format of the constitutional convention recommendation since that recommendation is to reapportion the legislature, but to freeze that reapportionment through the amendment of the existing statute which would specify the exact apportionment. For the reasons stated we believe the proposal contained in this bill better meets the needs of the Virgin Islands and provides a flexibility which will be useful in the days of further rapid development with increasing population, and shifts in population which lie ahead for the Virgin Islands.

Thank you.

Mr. O'BRIEN. Thank you very much, Mr. Secretary.

I think we will follow the procedure we did yesterday, and hear at this time from the Governor, and then Mrs. Van Cleve, and then ask our questions after we have the benefit of their collective wisdom. Governor.

STATEMENT OF HON. RALPH M. PAIEWONSKY, GOVERNOR OF THE VIRGIN ISLANDS

Governor PAIEWONSKY. Mr. Chairman and members of the committee, first permit me to express my appreciation and that of the people of the U.S. Virgin Islands to your committee for scheduling hearings on H.R. 13277, which would amend the revised organic act of the territory with respect to représentation in the legislature of the Virgin Islands.

It is our earnest desire that the 89th Congress will see fit to enact this much-needed reform.

Also, Mr. Chairman, please accept my personal thanks for permitting me to appear and be heard. I would ask that my prepared statement-which is brief and which I would like to read-be made a part of the hearings record.

This is the second time and the second Congress before which I have appeared in support of this highly desirable legislation. If my recollection is correct, the House of the 88th Congress adopted the reforms contemplated in H.R. 13277, but that the Senate did not act on it. The reasons that then seemed persuasive to this committee and to the membership of the House still are persuasive and incontrovertible, I assure you, in point of thoroughly democratic procedure and the sanctity of the ballot.

The proposed legislation before your committee is supported by two major voices of democratic expression in the Virgin Islands-by Resolution 203, adopted by our elected legislators in 1962, and by formal and unanimous recommendation by the constitutional convention which convened in the islands in 1965. That legislative resolution and the recommendation of the convention are, I believe,

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