Page 7083 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1421b

Chapter 8A.-GUAM Marianas Islands, shall continue to be known as Guam. (Aug. 1, 1950, ch. 512, § 2, 64 Stat. 384.) Sec. GENERAL PROVISIONS 1421. Territory included under name Guam. SHORT TITLE 1421a. Unincorporated territory; capital; powers of gov- Congress in enacting this chapter provided by section ernment; type of government; supervision. 1 of act Aug. 1, 1950 that it should be popularly known 1421b. Bill of rights. as the "Organic Act of Guam". 1421c. Certain laws continued in force; modification or ErFEcTIvE DATE; CONTINUATION OF FEDERAL repeal of laws; applicability of Act of Congress. ADMINISTRATION 1421d. Salaries and allowances of officers and employees. Section 34 of act Aug. 1, 1950, provided that: "Upon 1421e. Articles duty free. the 21st day of July 1950, the anniversary of the liberation 1421f. Title to property transferred. of the island of Guam by the Armed Forces of the United 1421f-1. Acknowledgment of deeds. States in World War II, the authority and powers con- 1421g. Establishment and maintenance of public health ferred by this Act [this chapter] shall come into force. services; public school system. However, the President is authorized, for a period not to 1421h. Duties and taxes to constitute fund for benefit of exceed one year from the date of enactment of this Guam. Act [Aug. 1, 1950], to continue the administration of 14211. Applicability of Federal income tax laws. Guam in all or in some respects as provided by law, 1421J. Appropriations. Executive order, or local regulation in force on the date 1421k. Designation of naval or military reservations; of enactment of this Act [Aug. 1, 1950]. The President closed port. may, in his discretion, place in operation all or some 14211. Citizens by birth in Guam on and after April 11, of the provisions of this Act [this chapter] if practicable 1899. before the expiration of the period of one year." THE EXECUTIVE BRANCH Ex. ORD. No. 10077. TRANsFER Os ADMINISTRATION OF GUAM 1422. Governor; appointment, tenure, and residency; Ex. Ord. No. 10077, Sept. 7, 1949, 14 F. R. 5523, as powers and duties. amended by Ex. Ord. No. 10137, June 30, 1950, 15 F. R. 4241, 1422a. Secretary of Guam; appointment and tenure; provided: powers and duties. 1. The administration of the Island of Guam is hereby 1422b. Governor ad interim. transferred from the Secretary of the Navy to the Secre- 1422c. Executive agencies and instrumentalities. tary of the Interior, such transfer to become effective on (a) Appointment of heads; preferences in ap- August 1. 1950. pointments and promotions; educational 2. The Department of the Navy and the Department of and vocational training; establishment of the Interior shall proceed with the plans for the transfer merit system. of the administration of the Island of Guam as embodied (b) Appointment and removal of officers; pow- in the above mentioned memorandum of understanding ers and duties of officer. between the two departments. (c) Reorganization. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall (d) Continuation in office of incumbents. take such action as may be necessary and appropriate, and THE LEGISLATURE in harmony with applicable law, for the administration of civil government on the Island of Guam, 1423. Composition of Legislature; general elections, 4. The executive departments and agencies of the Gov- organization and sessions. ernment are authorized and directed to cooperate with the 1423a. Power of Legislature; limitation on indebtedness Departments of the Navy and Interior in the effectuation of Guam; bond issues. of the provisions of this order. 1423b. Determination of selection and qualification of 5. The said Executive Order No. 108-A of December 23, members; officers; rules and procedure. 1898, is revoked, effective July 1, 1950. 1423c. Privileges of members. 1423d. Oath of office. § 1421a. Unincorporated territory; capital; powers of 1423e. Prohibition against acceptance of salary increases government; type of government; supervision. or newly created offices. 1423f. Qualifications of members. Guam is declared to be an unincorporated terri- 1423g. Vacancies. tory of the United States and the capital and seat 1423h. Regular and special sessions. of government thereof shall be located at the city 14231. Approval of bills. of Agana, Guam. The government of Guam shall 1423J. Appropriations. 1423k. Right of petition. have the powers set forth in this chapter and shall 1423!. Purchases. have power to sue by such name. The government of Guam shall consist of three branches, executive, THE JUDICIARY legislative, and judicial, and its relations with the 1424. District Court of Guam; jurisdiction; rules of procedure. Federal Government shall be under the general 1424a. Repealed. administrative supervision of the head of such 1424b. Judge of District Court; appointment, tenure, and civilian department or agency of the Government compensation; appointment of United States of the United States as the President may direct. attorney and marshal; applicability of laws. (Aug. 1, 1950, ch. 512, § 3, 64 Stat. 384.)

GENERAL PROVISIONS § 1421b. Bill of rights. § 1421. Territory included under name Guam. (a) No law shall be enacted in Guam respecting The territory ceded to the United States in ac- an establishment of religion or prohibiting the free cordance with the provisions of the Treaty of Peace exercise thereof, or abridging the freedom of speech, between the United States and Spain, signed at or of the press, or the right of the people peaceably Paris, December 10, 1898, and proclaimed April 11, to assemble and to petition the government for a 1899, and known as the island of Guam in the redress of their grievances. § 1421c TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 7081

(b) No soldier shall, in time of peace, be quar- health or morals or hazardous to life or limb is tered in any house, without the consent of the hereby prohibited. owner, nor in time of war, but in a manner to be (r) There shall be compulsory education for all prescribed by law. children, between the ages of six and sixteen years. (c) The right of the people to be secure in their (s) No religious test shall ever be required as a persons, houses, papers, and effects, against un- qualification to any office or public trust under the reasonable searches and seizures, shall not be government of Guam. violated; and no warrant for arrest or search shall (t) No person who advocates, or who aids or issue but upon probable cause, supported by oath belongs to any party, organization, or association or affirmation, and particularly describing the place which advocates, the overthrow by force or violence to be searched and the person or things to be of the government of Guam or of the United States seized. shall be qualified to hold any public office of trust (d) No person shall be subject for the same or profit under the government of Guam. (Aug. 1, offense to be twice put in jeopardy of punishment; 1950, ch. 512, § 5, 64 Stat. 385.) nor shall he be compelled in any criminal case to CROSS REFERENCES be a witness against himself. Advocating overthrow of government, see section 2385 (e) No person shall be deprived of life, liberty, of Title 18, Crimes and Criminal Procedure. or property without due process of law. (f) Private property shall not be taken for pub- § 1421c. Certain laws continued in force; modification or repeal of laws; applicability of Act of Congress. lic use without just compensation. (g) In all criminal prosecutions the accused shall (a) The laws of Guam in force on August 1, 1950, have the right to a speedy and public trial; to be except as amended by this chapter, are continued in informed of the nature and cause of the accusation force, subject to modification or repeal by the Con- and to have a copy thereof; to be confronted with gress of the United States or the Legislature of the witnesses against him; to have compulsory Guam, and all laws of Guam inconsistent with the process for obtaining witnesses in his favor, and to provisions of this chapter are repealed to the extent have the assistance of counsel for his defense. of such inconsistency. (h) Excessive ball shall not be required, nor exces- (b) Except as otherwise provided in this chapter, sive fines imposed, nor cruel and unusual punish- no law of the United States hereafter enacted shall ments inflicted. have any force or effect within Guam unless specifi- (I) Neither slavery nor involuntary servitude, cally made applicable by Act of the Congress either except as a punishment for crime whereof the party by reference to Guam by name or by reference to shall have been duly convicted, shall exist in Guam. "possessions". The President of the United States (j) No bill of attainder, ex post facto law, or law shall appoint a commission of seven persons, at least Impairing the obligation of contracts shall be three of whom shall be residents of Guam, to survey enacted. the field of Federal statutes and to make recom- (k) No person shall be imprisoned for debt. mendations to the Congress of the United States (1) The privilege of the writ of habeas corpus within twelve months after August 1, 1950 as to shall not be suspended, unless, when in cases of which statutes of the United States not applicable to rebellion or invasion or imminent danger thereof, Guam on such date shall be made applicable to the public safety shall require it. Guam, and as to which statutes of the United States (m) No qualification with respect to property, applicable to Guam on such date shall be declared income, political opinion, or any other matter apart inapplicable. (Aug. 1, 1950, ch. 512, § 25, 64 Stat. from citizenship, civil capacity, and residence shall 390.) be imposed upon any voter. CRoss REFmaENcEs (n) No discrimination shall be made in Guam Acknowledgment of deeds, see section 1421f-1 of this title. against any person on account of race, language, or religion, nor shall the equal protection of the § 1421d. Salaries and allowances of officers and em- laws be denied. ployees. (o) No person shall be convicted of treason (a) The Governor shall receive an annual salary against the United States unless on the testimony at the rate provided for Governors of Territories and of two witnesses to the same overt act, or on con- possessions in the Executive Pay Act of 1949, but not fession in open court. to exceed $13,125, to be paid by the United States: (p) No public money or property shall ever be Provided, That if the Governor shall be a retired appropriated, supplied, donated, or used, directly officer of the armed forces of the United States the or indirectly, for the use, benefit, or support of pay which he shall receive as Governor shall be his any sect, church, denomination, sectarian institu- pay and allowances as such officer plus such sum as tion, or association, or system of religion, or for will total the equivalent of the compensation for a the use, benefit, or support of any priest, preacher, civilian Governor. minister, or other religious teacher or dignitary (b) The Secretary of Guam shall receive an an- as such. nual salary to be paid by the United States at a rate (q) The employment of children under the age established in accordance with the standards 'pro- of fourteen years in any occupation injurious to vided in the Classification Act of 1949. Page 7085 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1421f

(c) All officers and employees of the government § 1421e. Articles duty free. of Guam shall, if their homes be outside Guam, be Articles which are the growth, production, or entitled to transportation at the expense of the manufacture of Guam coming into any State, Ter- United States for themselves, their immediate fam- ritory, or insular possession of the United States ilies, and their household effects, from their homes from Guam shall be entered at the several ports of to Guam upon their appointment and from Guam entry free of duty. (Aug. 1, 1950, ch. 512, § 27, to their homes upon completion of their duties: 64 Stat. 392.) Provided, That such transportation other than that incident to initial appointment shall not be required § 1421f. Title to property transferred. to be furnished unless they shall have served in (a) The title to all property, real and personal, Guam for at least two years, unless separated for owned by the United States and employed by the reasons beyond their control. They shall accrue naval government of Guam in the administration leave in accordance with the Leave Act of the United of the civil affairs of the inhabitants of Guam, in- States, and once during every two years shall be cluding automotive and other equipment, tools and entitled to transportation at the expense of the machinery, water and sewerage facilities, bus lines United States for themselves and their immediate and other utilities, hospitals, schools, and other families from Guam to their homes and return. buildings, shall be transferred to the government of their homes and For purposes of transportation to Guam within ninety days after August 1, 1950. return, they shall be allowed travel time not in (b) All other property, real and personal, owned excess of thirty days without charge against annual by the United States in Guam, not reserved by the leave and during such travel time they shall be paid President of the United States within ninety days their salaries as prescribed by this chapter or the laws of Guam. Transportation shall be by the after August 1, 1950, is placed under the control shortest and most direct route. During their term of the government of Guam, to be administered of duty in Guam they shall each be entitled to for the benefit of the people of Guam, and the receive appropriate quarters to be furnished by the legislature shall have authority, subject to such United States at established rentals. limitations as may be imposed upon its acts by this (d) All officers and employees of the government of chapter or subsequent Act of the Congress, to legis- Guam, whose salaries are not fixed by this chapter, late with respect to such property, real and personal, shall be paid such compensation and shall receive in such manner as it may deem desirable. such additional allowances or benefits as may be (c) All property owned by the United States in fixed under the laws of Guam, or, in case they be Guam, the title to which is not transferred to the employees or officers of the department or agency government of Guam by subsection (a) of this sec- designated by the President under section 1421a of tion, or which is not placed under the control of the this title, as fixed by or under the rules and regula- government of Guam by subsection (b) of this sec- tions of, or applicable to, such department or agency tion, is transferred to the administrative supervi- while detailed to serve with the government of Guam. sion of the head of the department or agency desig- If any official or employee of the government of nated by the President under section 1421a of this Guam be a person in the armed forces of the United title, except as the President may from time to time States, either in active, retired, or reserve status, his otherwise prescribe: Provided,That the head of such employment by the government of Guam and any department or agency shall be authorized to lease service thereunder, shall not, in the discretion of or to sell, on such terms as he may deem in the the President, operate to affect adversely his rights public interest, any property, real and personal, of or other benefits. to duty status, pay, retirement, the United States under his administrative super- shall be paid (e) Each member of the legislature vision in Guam not needed for public purposes. the legislature is in the sum of $15 for each day that (Aug. 1, 1950, ch. 512, § 28, 64 Stat. 392.) session, regular or special, out of sums to be appro- Ex. ORD. No. 10178. RESERVATION OF PROPERTY IN GUAM All other legis- priated annually by the Congress. FOR USE OF UNITED STATES lative expenses shall be appropriated by, and paid Ex. Ord. No. 10178, Oct. 31, 1950, 15 F. R. 7313, provided: out of funds of, the government of Guam. (Aug. 1, Now, therefore, by virtue of the authority vested in me 1950, ch. 512, § 26, 64 Stat. 391.) by the said section 28 of the Organic Act of Guam [sec- tion 1421f of this title] and as President of the United REFErENcES IN TEXT States, it is ordered as follows: The Executive Pay Act, referred to in the text of sub- 1. The following-described real and personal property section (a) of this section, is act Oct. 15, 1949, ch. 695, 63 of the United States in Guam is hereby reserved to the Stat. 880. Said act is classified throughout the Code. The United States and placed under the control and jurisdic- applicable provision of that act is section 5 (a) which tion of the Secretary of the Navy: Provided, That the provides for an annual salary of $15,000 for Governors. Secretary of the Navy shall transfer such portions of such The Classification Act of 1949, referred to in the text of property to the Department of the Army, the Department subsection (b) of this section, is classified to sections of the Air Porce, and the Coast Guard as may be re- 5, Govern- 1071-1153 of Title Executive Departments and quired for their respective purposes: ment Officers and Employees. situated within The Leave Act of the United States, referred to in the (a) All of that real property in Guam text of subsection (c) of this section, is act Mar. 14, 1936, the perimeter areas defined in the following-designated ch. 140, 49 Stat. 1161, and is classified to sections 29a, condemnation proceedings in the Superior Court of Guam, 30b-30e and 301 of Title 5, Executive Departments and being the same property quitclaimed by the Naval Gov- Government Officers and Employees. ernment of Guam to the United States of America by § 1421f-1 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 7086 deed dated July 31, 1950, and filed for record with the United States all personal property of the United States Land Registrar of Guam on August 4, 1950 (Presentation 'in Guam, except that which is transferred to the gov- No. 22063) ernment of Guam by or pursuant to section 28 (a) of the Organic Act of Guam, which on the date of this Condem- order is in the custody or control of the Department of nation Perimeter Facility the Army, the Department of the Navy, the Department proceed- Fareat of the Air Force, the Coast Guard, or any other depart- ings Civil No. ment or agency of the United States; and all such per- sonal property shall remain in the custody and control of the department or agency having custody and control Acres thereof on the date of this order. 4, 566. 757 North Field. 9.372 Mt. Santa Rosa Water Reservoir and Supply Lines. § 1421f-1. Acknowledgment of deeds. 5. 990 Mt. Santa Rosa-Msrbo Water Lines. 5. 990 Tumon Maul Well Site. Deeds and other instruments affecting land sit- 4,803.000 Naval Ammunition Depot. 44. 651 Primary Transmission Line. uate in the District of Columbia or any Territory 12. 169 Mt. Santa Rosa-Marbo Water Line Easement. 6,332.000 Apra Harbor Reservation. of the United States may be acknowledged in the 6. 450 Aceorp Tunnel. island of Guam before any notary public or judge ap- 35.391 Camp Dealy. 6. 637 Tumon Bay Recreation Area Utility Lines. pointed therein by proper authority, or by any officer 24. 914 Agana Springs. 41.360 Asan Point Tank Farm. therein who has ex officio the powers of a notary 85. 032 Asan Point Housing. public: Provided, That the certificate by such notary 137. 393 Medical Center. 45. 630 Agafo Gumas. in Guam shall be accompanied by the certificate of 4,798. 682 Naval Communication Station. 11.726 Nimitz Beach. the governor or acting governor of such place to the 800. 443 Command Center. 4,901.100 Tarague Natural Wells. effect that the notary taking said acknowledgment 5. 945 Agana Diesel Electric Generating plant. was in fact the officer he purported to be; and any 23. 708 Mt. Santa Rosa Haul Road, Water Reservoir and Supply Lines, VHF Relay Station, Mt. deeds or other instruments affecting lands so sit- Santa Rosa-Marbo Water Line. 4,562.107 Northwest Air Force Base. uate, so acknowledged since the 1st day of January 60. 480 Marbo Base Command Area-Sewage Disposal. 21.695 Loran Station, Cocos-Island. 1905 and acompanied by such certificate shall have 15. 322 Av-Gas Tank Farm #12. 1,820.148 Proposed Boundary of NAS Agana, Housing the same effect as such deeds or other instruments Area #7. hereafter so acknowledged and certified. (June 28, 37. 519 C. A. A. Site (Area #90). 3. 575 Tumon Maul Well (Water Tunnel). 1906, ch. 3585, 34 Stat. 552.) 49. 277 Tumon Bay Recreation Area (Road and AV-Gas Fuel Line Parcel #). CODIFICATION 0.208 Utility Easement from Rt. #1 to Rt. #6 (Coontz Junction). Section was not enacted as a part of the Organic Act of 65. 300 Tumon Bay Recreation Area (Area #78). Guam which comprises this chapter. 2, 497. 400 Marbo Base Command. 0. 918 Mt, Tenjo VHF Station Site. Similar provisions relating to Samoa and the Canal 265. 237 Sasa Valley Tank Farm (Area #26). Zone are set out as section 1432 of this title and section 17. 793 Sub Transmission System Piti Steam Plant to 512 of Title 3 of the Canal Zone Code, respectively. Said Command Center. 28.886 Route #1 (Marine Drive) (Portion). section 512 was formerly set out as section 1358 of this 94.000 Sub Transmission System (34 KV Line) Piti title. Steam Plant to Agana Diesel Plant and POL System Sasa Valley Tank Farm to NAS Agana. § 1421g. Establishment and maintenance of public 953. 000 Harmon Air Force Base. health services; public school system. 2,922.000 Radio Barrigada. 25. 000 AACS Radio Range (Area #30). (a) Subject to the laws of Guam, the Governor 37.000 Water Line Apra Heights Reservoir to Fens Pump Station and Av-Gas Fuel System. shall establish, maintain, and operate public-health 2, 185. 000 Fena River Reservoir. services in Guam, including hospitals, dispensaries, and quarantine stations, at such 'laces in Guam as (b) The road system and utilities systems described may be necessary, and he shall promulgate quaran- in the said deed between the Naval Government of Guam and the United States of America dated July 31, 1950. tine and sanitary regulations for the protection of (c) The following-described areas: Mount Lam Lam Guam against the importation and spread of disease. Light; Rear Range Light; Mount Aluton Light; Area (b) The Governor shall provide an adequate pub- Number 35 Culverts; Mount Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir; Tripartite Seismo- lic educational system of Guam, and to that end graph Station Site, Land Unit M, Section 2, Land Square shall establish, maintain, and operate public schools 20; the Power Sub-station located on Lot 266, Munici- at such places in Guam as may be necessary. (Aug. pality of Agat adjacent to Erskine Drive, City of Agat. (d) Lots 2285-5 and 2306-1 in Barrigada. 1, 1950, ch. 512, § 29, 64 Stat. 392.) (e) All personal property relating to or used in con- § 1421h. Duties and taxes to constitute fund for bene- nection with any of the above-described real property. fit of Guam. 2. The following-described real property of the United States in Guam is hereby reserved to the United States All customs duties and Federal income taxes de- and transferred to the administrative supervision of the rived from Guam, the proceeds of all taxes collected Secretary of the Interior, and shall be available for disposition by the Secretary of the Interior in his dis- under the internal-revenue laws of the United States cretion under section 28 (c) of the said Organic Act of on articles produced in Guam and transported to Guam [section 1421f (c) of this title] : the United States, its Territories, or possessions, or All of those lands which have been selected by the consumed in Guam, and the proceeds of any other Secretary of the Navy for transfer or sale pursuant to the act of November 15, 1945, 59 Stat. 584, to persons in taxes which may be levied by the Congress on the replacement of lands acquired for military or naval inhabitants of Guam, and all quarantine, passport, purposes in Guam, a list and description of such lands immigration, and naturalization fees collected in being on file in the Department of the Navy. 3. In addition to the personal property described in Guam shall be covered into the treasury of Guam paragraph 1 (e) hereof, there is hereby reserved to the and held In account for the government of Guam, Page 7087 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1422 and shall be expended for the benefit and govern- 1950, a declaration under oath of such desire, said ment of Guam in accordance with the annual declaration to be in form and executed in the man- budgets. (Aug. 1, 1950,, ch. 512, § 30, 64 Stat. 392.) ner prescribed by regulations. From and after the making of such a declaration any such person shall § 1421i. Applicability of Federal income tax laws. be held not to be a national of the United States The income-tax laws in force in the United States by virtue of this chapter. of America and those which may hereafter be en- (d) The Commissioner of Immigration and Natu- acted shall be held to be likewise in force in Guam. ralization, with the approval of the Attorney Gen- (Aug. 1, 1950, ch. 512, § 31, 64 Stat. 392.) eral, is authorized and empowered to make and EFFECTV DATE prescribe such rules and regulations not in conflict Section became effective as of January 1, 1951 by provi- with this Act as he may deem necessary and proper. sion of Ex. Ord. No. 10211, Feb. 6, 1951, 16 F. R. 1167. (e) Section 804 (c) of Title 8 shall not apply to, § 1421j. Appropriations. persons who acquired citizenship under this section. (Aug. 1, 1950, ch. 512, § 4 (a), 64 Stat. There are authorized to be appropriated annually 384.) by the Congress of the United States such sums as REFERENCES IN TEXT may be necessary and appropriate to carry out the This Act, referred to in the text of subsection (d), refers to the Nationality Act of 1940, which was repealed provisions and purposes of this chapter. (Aug. 1, by act June 27, 1952, ch. 477, title 4, § 403 (a) (42), 66 1950, ch. 512. § 32, 64 Stat. 392.) Stat. 280, is now covered by chapter 12 of Title 8, Aliens and Nationality. § 1421k. Designation of naval or military reservations; Section 804 (c) of Title 8, referred to in the text of closed port. subsection (e), was repealed by said act June 27, 1952 and is covered Nothing contained in this by subchapter III of chapter 11 of said chapter shall be con- Title 8. strued as limiting the authority of the President to THE EXECUTIVE BRANCH designate parts of Guam as naval or military reser- § 1422. Governor; appointment, vations, nor to restrict his authority tenure, and residency; to treat Guam powers and duties. as a closed port with respect to the vessels and air- (a) The executive authority of the government of craft of foreign nations. (Aug. 1, 1950, ch. 512, § 33. Guam shall be vested in an executive officer, whose 64 Stat. 393.) title shall be "Governor of Guam", and shall be ex- § 14211. Citizens by birth in Guam on and after April ercised under the supervision of the head of the 11, 1899. department or agency referred to in section 1421a of (a) The following persons, and their children this title. The Governor shall be appointed by the born after April 11, 1899, are declared to be citizens President, by and with the advice and consent of of the United States, if they are residing on August the Senate of the United States, and shall hold his 1, 1950 on the island of Guam or other territory over office for four years and until his successor is ap- which the United States exercises rights of sov- pointed and qualified. The Governor shall be a ereignty: civilian or a retired officer of the armed forces of (1) All inhabitants of the island of Guam on the United States. He shall reside in Guam during April 11, 1899, including those temporarily absent his incumbency. from the island on that date, who were Spanish sub- (b) The Governor shall have general supervision jects, who after that date continued to reside in and control of all executive agencies and instru- Guam or other territory over which the United mentalities of the government of Guam. He shall States exercises sovereignty, and who have taken faithfully execute the laws of the United States ap- no affirmative steps to preserve or acquire foreign plicable to Guam, and the laws of Guam. He may nationality. grant pardons and reprieves and remit fines and (2) All persons born in the island of Guam who forfeitures for offenses against the local laws, and resided in Guam on April 11, 1899, including those may grant respites for all offenses against the appli- temporarily absent from the island on that date, cable laws of the United States until the decision who after that date continued to reside in Guam of the President can be ascertained. He may veto or other territory over which the United States exer- any legislation as provided in this chapter. He shall cises sovereignty, and who have taken no affirmative commission all officers that he may be authorized steps to preserve or acquire foreign nationality. to appoint. He may call upon the commanders of (b) All persons born in the island of Guam on or the armed forces of the United States in Guam, or after April 11, 1899 (whether before or after Au- summon the posse comitatus, or call out the militia, gust 1, 1950), subject to the jurisdiction of the to prevent or suppress violence, insurrection, or re- United States, are declared to be citizens of the bellion; and he may, in case of rebellion, invasion, United States: Provided, That in the case of any or imminent danger thereof, when the public safety person born before August 1, 1950, he has taken no requires it, suspend the privilege of the writ of affirmative steps to preserve or acquire foreign habeas corpus, or place Guam, or any part thereof, nationality. under martial law, until communication can be had (c) Any person hereinbefore described who is a with the President and the President's decision citizen or national of a country other than the thereon communicated to the Governor. He shall United States and desires to retain his present polit- annually, and at such other times as the President ical status shall make, within two years of August 1, or the Congress may require, make official report § 1422a TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 7088 of the transactions of the government of Guam to legislature shall establish a merit system and, as the head of the department or agency designated by far as practicable, appointments and promotions the President under section 1421a of this title, and shall be made in accordance with such merit system. his said annual report shall be transmitted by such (b) Appointment and removal of officers; powers and department or agency to the Congress. He shall duties of officer. perform such additional duties and functions as The Governor may appoint or remove any officer may, in pursuance of law, be delegated to him by whose appointment or removal is not otherwise the President, or by the department or agency. provided for. All officers shall have such powers and He shall have the power to issue executive regula- duties as may be conferred or imposed on them by tions not in conflict with any applicable law. The law or by executive regulation of the Governor Governor may submit such recommendations for not inconsistent with any law. the enactment of legislation to the legislature as he shall consider to be in the people's interest. (c) Reorganization. (c) The Governor shall coordinate and have gen- The Governor shall, from time to time, examine eral cognizance over all activities of a civil nature the organization of the executive branch of the of the departments, bureaus, and offices of the government of Guam, and shall determine and Government of the United States in Guam. (Aug. carry out such changes therein as are necessary 1, 1950, ch. 512, § 6, 64 Stat. 386.) to promote effective management and to execute faithfully the purposes of this chapter and the § 1422a. Secretary of Guam; appointment and tenure; laws of Guam. powers and duties. (d) Continuation in office The President shall appoint a Secretary of Guam, of incumbents. All persons holding office in Guam on August 1, who shall have all the powers of the Governor in 1950 may, except as otherwise provided in this chap- the case of a vacancy in the office of Governor or ter, continue to hold their respective offices until the disability or temporary absence of the Gov- their successors are appointed and qualified. (Aug. ernor. He shall have custody of the seal of Guam 1, 1950, ch. 512, § 9, 64 Stat. 387.) and shall countersign and affix such seal to all ex- ecutive proclamations and all other executive docu- THE LEGISLATURE ments. He shall record and preserve the laws enacted by the legislature. He shall promulgate all § 1423. Composition of Legislature; general elections, organization and sessions. proclamations and orders of the Governor and all laws enacted by the legislature. He shall have all The legislative power of Guam, except as otherwise such executive powers and perform such other du- provided in this chapter, shall be vested in a legis- ties as may be prescribed by this chapter or assigned lature which shall consist of a single house of not to him by the Governor. He shall hold office for to exceed twenty-one members to be elected at four years and until his successor is appointed and large. General elections to the legislature shall be has qualified. (Aug. 1, 1950, ch. 512, § 7, 64 Stat. held on the Tuesday next after the first Monday in 387.) November, biennially in even-numbered years. The members of the legislature holding office on August § 1422b. Governor ad interim. 1, 1950, shall continue to serve as such until the The head of the department or agency designated next election held in accordance with the laws of by the President under section 1421a of this title Guam and until their successors have duly qualified. may from time to time designate the head of an The legislature in all respects shall be organized executive department of the government of Guam or and shall sit according to the laws of Guam in force other person to act as Governor in case of a vacancy on August 1, 1950, and as amended or modified after in the office, or the disability or temporary absence such date. (Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387.) of both the Governor and the Secretary, and the § 1423a. Power of Legislature; limitation on indebted- person so designated shall have all the powers of ness of Guam; bond issues. the Governor for so long as such condition con- The legislative power of Guam shall extend to tinues. (Aug. 1, 1950, ch. 512, § 8, 64 Stat. 387.) all subjects of legislation of local application not § 1422c. Executive agencies and instrumentalities-(a) inconsistent with the provisions of this chapter Appointment of heads; preferences in appoint- and the laws of the United States applicable to ments and promotions; educational and vocational Guam. Taxes and assessments on property, internal training; establishment of merit system. revenues, sales, license fees, and royalties for fran- The Governor shall, except as otherwise provided chises, privileges, and concessions may be imposed in this chapter or the laws of Guam, appoint, by for purposes of the government of Guam as may be and with the advice and consent of the legislature, uniformly provided by the Legislature of Guam, and all heads of executive agencies and instrumentalities. when necessary to anticipate taxes and revenues, In making appointments and promotions, preference bonds and other obligations may be issued by the shall be given to qualified persons of Guamanian government of Guam: Provided, however, That no ancestry. With a view to insuring the fullest par- public indebtedness of Guam shall be authorized ticipation by Guamanians in the government of or allowed in excess of 10 per centum of the aggre- Guam, opportunities for higher education and gate tax valuation of the property in Guam. Bonds in-service training facilities shall be provided to or other obligations of the government of Guam qualified persons of Guamanian ancestry. The payable solely from revenues derived from any pub- Page 7089 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1423i lic improvement or undertaking shall not be con- § 1423g. Vacancies. sidered public indebtedness of Guam within the Vacancies occurring in the legislature shall be meaning of this section. All bonds issued by the filled as the legislature shall provide, except that government of Guam or by its authority shall be no person filling a vacancy shall hold office longer exempt, as to principal and interest, from taxation than for the remainder of the term for which his by the Government of the United States or by the predecessor was elected. (Aug. 1, 1950, ch. 512, government of Guam, or by any State or Territory § 17, 64 Stat. 388.) or any political subdivision thereof, or by the District of Columbia. (Aug. 1, 1950, ch. 512, § 11, 64 Stat. § 1423h. Regular and special sessions. 387.) Regular sessions of the legislature shall be held annually for a period or periods not to exceed in the § 1423b. Determination of selection and qualification of members; officers; rules and procedure. aggregate sixty calendar days, as the legislature may determine. Such sessions shall convene in Agana The legislature shall be the judge of the selection on the second Monday in January. The Governor and qualification of its own members. It shall may convene the legislature in special session at choose from its members its own officers, determine such time and place as he may deem it necessary its rules and procedure, not inconsistent with this but no special session shall continue longer than chapter, and keep a journal. (Aug. 1, 1950, ch. fourteen days, and no legislation shall be considered 512, § 12, 64 Stat. 388.) at such session other than that specified in the call § 1423c. Privileges of members. therefor or in any special message by the Governor to the legislature (a) The members of the legislature shall, in all while in such session. All sessions cases except treason, felony, or breach of the peace, of the legislature shall be open to the public. (Aug. be privileged from arrest during their attendance at 1, 1950, ch. 512, § 18, 64 Stat. 388.) the legislature and in going to and returning from § 1423i. Approval of bills. the same. Every bill passed by the legislature shall, before (b) No member of the legislature shall be held to it becomes a law, be entered upon the journal and answer before any tribunal other than the legislature presented to the Governor. If he approves it, he itself for any speech or debate in the legislature. shall sign it, but if not he shall, except as herein- (Aug. 1, 1950, ch. 512, § 13, 64 Stat. 388.) after provided, return it, with his objections, to the § 1423d. Oath of office. legislature within ten days (Sundays excepted) after Every member of the legislature and all officers of it shall have been presented to him. If he does not the government of Guam shall take the following return it within such period, it shall be a law in oath or affirmation: like manner as if he had signed it, unless the legis- lature by adjournment "I solemnly swear (or affirm) in the presence of prevents its return, in which case it shall be a law if signed Almighty God that I will well and faithfully support by the Governor within the Constitution of the United States, the laws of thirty days after it shall have been presented the United States applicable to Guam and the laws to him; otherwise it shall not be a law. When a bill of Guam, and that I will conscientiously and im- is returned by the Governor to the legislature with partially discharge my duties as a member of the his objections, the legislature shall enter his objec- tions at Guam Legislature (or as an officer of the government large on its journal and proceed to recon- of Guam)." (Aug. 1, 1950, ch. 512, § 14, 64 Stat. sider it. If, after such reconsideration, two-thirds 388.) of the legislature agree to pass it, it shall be sent to the Governor. If he then approves it, he shall sign § 1423e. Prohibition against acceptance of salary in- it; if not, he shall within ten days transmit it to the creases or newly created offices. President of the United States. If the President of No member of the legislature shall, during the the United States approves it, he shall sign it. If term for which he was elected or during the year he shall not approve it, he shall return it to the following the expiration of such term, be appointed Governor so stating, and it shall not be a law. If to any office which has been created, or the salary he neither approves it nor disapproves it within or emoluments of which have been increased during ninety days from the date of transmittal to him by such term. (Aug. 1, 1950, ch. 512, § 15, 64 Stat. 388.) the Governor, it shall be a law in like manner as if he had signed it. If any bill presented to the Gov- § 1423f. Qualifications of members. ernor contains several items of appropriation of No person shall sit in the legislature who is not a money, he may object to one or more of such items, citizen of the United States, who has not attained or any part or parts, portion or portions thereof, the age of twenty-five years and who has not been while approving the other items, parts, or portions domiciled in Guam for at least five years imme- of the bill. In such a case he shall append to the bill, diately preceding the sitting of the legislature in at the time of signing it, a statement of the items, which he seeks to qualify as a member, or who has or parts or portions thereof, to which he objects, and been convicted of a felony or of a crime involving the items, or parts or portions thereof, so objected moral turpitude and has not received a pardon to shall not take effect. All laws enacted by the restoring his civil rights. (Aug. 1, 1950, ch. 512, legislature shall be reported by the Governor to the § 16, 64 Stat. 388.) head of the department or agency designated by § 1423j 4TLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 7090

the President under section 1421a of this title, and section 451 of Title 28, and shall have original juris- by him to the Congress of the United States, which diction in all other causes in Guam, jurisdiction reserves the power and authority to annul the same. over which has not been transferred by the legis- If any such law is not annulled by the Congress of lature to other court or courts established by it, and the United States within one year of the date of its shall have such appellate jurisdiction as the legisla- receipt by that body, it shall be deemed to have ture may determine. The jurisdiction of and the been approved. (Aug. 1, 1950, ch. 512, § 19, 64 procedure in the courts of Guam other than the Stat. 389.) District Court of Guam shall be prescribed by the laws of Guam. § 1423j. Appropriations. (b) The rules heretofore or hereafter promul- (a) Appropriations, except as otherwise provided gated and made effective by the Supreme Court of in this chapter, and except such appropriations as the United States pursuant to section 2072 of Title shall be made from time to time by the Congress of 28, in civil cases; section 2073 of Title 28, in ad- the United States, shall be made by the legislature. miralty cases; sections 3771 and 3772 of Title 18, (b) If at the termination of any fiscal year the in criminal cases; and section 53 of Title 11, in legislature shall have failed to pass appropriation bankruptcy cases; shall apply to the District Court bills providing for payments of the necessary current of Guam and to appeals therefrom. (Aug. 1, 1950, expenses of the government and meeting its legal ch. 512, § 22, 64 Stat. 389.) obligations for the ensuing fiscal year, then the several sums appropriated in the last appropriation § 1424a. Repealed. Oct. 31, 1951, ch. 655, § 56 (e), 65 bills for the objects and purposes therein specified, Stat. 729. so far as the same may be applicable, shall be Section, act Aug. 1, 1950, ch. 512, § 23, 64 Stat. 390, related to appeals from the District Court of Guam to deemed to be reappropriated, item by item. the United States Court of Appeals for the Ninth Circuit, (c) All appropriations made prior to August 1, and to the United States Supreme Court, and Is now 1950 shall be available to the government of Guam. covered by sections 41, 1252, 1291, 1292 and 1294 of Title 28, Judiciary and Judicial Procedure. (Aug. 1, 1950, ch. 512, § 20, 64 Stat. 389.) SAVINGS CLAUSE § 1423k. Right of petition. Subsec. (1) of section 56 of act Oct. 31, 1951 provided The legislature or any person or group of persons that the repeal of such section should not affect any rights or liabilities existing hereunder on the effective in Guam shall have the unrestricted right of peti- date of such repeal (Oct. 31, 1951). tion. It shall be the duty of all officers of the govern- ment to receive and without delay to act upon or § 1424b. Judge of District Court; appointment, tenure, and compensation; appointment of United States forward, as the case may require, any such petition. attorney and marshal; applicability of laws. (Aug. 1, 1950, ch. 512, § 21, 64 Stat. 389.) (a) The President shall, by and with the advice § 14231. Purchases. and consent of the Senate, appoint a judge for the The Territorial and local governments of Guam District Court of Guam who shall hold office for the are authorized to make purchases through the Gen- term of four years and until his successor is chosen eral Services Administration. (July 9, 1952, ch. 597, and qualified unless sooner removed by the President title I, § 101, 66 Stat. 457.) for cause. The judge shall receive a salary pay- able by the United States which shall be the same CODIFICATION as the salary of the Governor of Guam as provided Section was enacted as a part of the Interior Depart- ment Appropriation Act, 1953, and not as a part of the by section 1421a of this title. The Chief Justice of Organic Act of Guam which comprises this chapter. the United States may, with the consent of the Section, as it relates to the Virgin Islands, American judge so assigned, assign any United States circuit Samoa, and the Trust Territory of the Pacific, is set out as sections 1401f, 1434, and 1435, respectively, of this or district judge to serve as a judge in the District title. Court of Guam whenever it is made to appear that SIMILAR PROVISIONS such an assignment is necessary for the proper dis- Similar provisions were contained in prior appropria- patch of the business of the court. tion acts: 1951-Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 263. (b) The President shall appoint, by and with the 1950--Sept. 6, 1950, ch. 896, ch. VII, title I, § 101, 64 advice and consent of the Senate, a United States Stat. 694. attorney and United States marshal for Guam to THE JUDICIARY whose offices the provisions of chapters 31 and 33 of § 1424. District Court of Guam; jurisdiction; rules of Title 28, respectively, shall apply. procedure. (c) The provisions of chapters 43 and 49 of Title (a) There is created a court of record to be des- 28 shall apply to the District Court of Guam. (Aug. ignated the "District Court of Guam", and the judi- 1, 1950, ch. 512, § 24, 64 Stat. 390; Oct. 31, 1951, ch. cial authority of Guam shall be vested in the District 655, § 55 (a), 65 Stat. 728.)

Court of Guam and in such court or courts as may AMENDMENTS have been or may hereafter be established by the 1951-Subsec. (a) amended by act Oct. 31, 1951, which, laws of Guam. The District Court of Guam shall In second sentence, struck out ", and shall be entitled to have, in all causes arising under the laws of the the benefits of retirement provided In section 373 of Title 28". United States, the jurisdiction of a district court Subsec. (c) amended by act Oct. 31, 1951, which struck of the United States as such court is defined in out references to chapters 21, 41 and 57 of Title 28. Page 7091 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1432

CRoss REFERENCES one hundred and seventy-first degrees of longitude Compensation of retired judges, see section 373 of Title west of Greenwich, herein referred to as the islands of 28, Judiciary and Judicial Procedure. eastern Samoa, are accepted, ratified, and confirmed, Court officers and employees, general provisions ap- plicable to, see chapter 57 of Title 28, Judiciary and as of April 10, 1900, and July 16, 1904, respectively. Judicial Procedure. (b) The existing laws of the United States rela- General provisions applicable to courts and judges, see tive to public lands shall not apply to such lands in chapter 21 of Title 28, Judiciary and Judicial Procedure. the said islands of eastern Samoa; but the Congress Provisions relating to Administrative Office of the United States Courts, applicability to District Court of of the United States shall enact special laws for Guam, see section 610 of Title 28, Judiciary and Judicial their management and disposition: Provided, That Procedure. all revenue from or proceeds of the same, except as regards such part thereof as may be used or oc- Chapter 9.-SAMOA, TUTUILA, MANUA, SWAINS cupied for the civil, military, or naval purposes of ISLAND, AND TRUST TERRITORY OF THE PA- the United States or may be assigned for the use CIFIC ISLANDS of the local government, shall be used solely for Sec. the benefit of the inhabitants of the said islands 1431. Sovereignty of United States extended over Swains Island. of eastern Samoa for educational and other public 1431a. Islands of Tutuila, Manua, and eastern Samoa; purposes. ceded to and accepted by United States; rev- (c) Until Congress shall provide for the govern- enue; government. ment of such islands, all civil, judicial, and military 1432. Acknowledgment of deeds in. 1433. Coastwise shipping laws of United States not powers shall be vested in such person or persons applicable. and shall be exercised in such manner as the Presi- 1434. Purchases by governments of Samoa. dent of the United States shall direct; and the Presi- 1435. Purchases by governments of Pacific Trust Terri- dent shall have power to remove said officers and tory. 1436. Auditing of transactions of Pacific Trust Territory. fill the vacancies so occasioned. 1437. Expenditure of funds for administration of Paci- (d) The President shall appoint seven commis- fic Trust Territory. sioners, two of whom shall be Members of the Senate, 1438. Transfer of property or money for administration of Pacific Trust Territories. two of whom shall be Members of the House of Rep- resentatives, and three of whom shall be chiefs or § 1431. Sovereignty of United States extended over high chiefs of the said islands of eastern Samoa, Swains Island. who shall, as soon as reasonably practicable, recom- The sovereignty of the United States over Ameri- mend to Congress such legislation concerning the can Samoa is extended over Swains Island, which is islands of eastern Samoa as they shall deem neces- made a part of American Samoa and placed under sary or proper. (Feb. 20, 1929, ch. 281, 45 Stat. 1253; the jurisdiction of the administrative and judicial May 22, 1929, ch. 6, 46 Stat. 4.) authorities of the government established therein by AMENDMENTS the United States. (Mar. 4, 1925, ch. 563, 43 Stat. 1929-Subsec. (d) amended by act May 22, 1929, by 1357.) substituting in lines 1 and 3, respectively, the words "seven" and "three" for "six" and "two", and inserting Ex. ORD. No. 10264. TRANSFER OF ADMINSTRATION OF "or high chiefs" between "chiefs" and "of the said AMERICAN SAMOA islands". Ex. Ord. No. 10264, June 29, 1951, 16 F. R. 6419, provided: 1. The administration of American Samoa is hereby § 1432. Acknowledgment of deeds in. transferred from the Secretary of the Navy to the Secre- Deeds and other instruments affecting land sit- tary of the Interior, such transfer to become effective on uate in the District of Columbia or any Territory of July 1, 1951. 2. The Department of the Navy and the Department of the United States may be acknowledged in the is- the Interior shall proceed with the plans for the transfer lands of Guam and Samoa before any notary public of administration of American Samoa as embodied in the or judge, appointed therein by proper authority, or above-mentioned memorandum of understanding be- by any officer therein who tween the two departments. has ex officio the powers 3. When the transfer of administration made by this of a notary public: Provided, That the certificate order becomes effective, the Secretary of the Interior shall by such notary in Guam or Samoa, as the case may take such action as may be necessary and appropriate, and be, shall be accompanied by the certificate of the in harmony with applicable law, for the administration of civil government in American Samoa. governor or acting governor of such place to the 4. The executive departments and agencies of the Gov- effect that the notary taking said acknowledgment ernment are authorized and directed to cooperate with was in fact the officer he purported to be; and any the Departments of the Navy and Interior in the effectua- deeds or other instruments affecting lands so sit- tion of the provisions of this order. 5. The said Executive order of February 19, 1900 [Ex. uate, so acknowledged since the 1st day of January Ord. 125-A], is revoked, effective July 1, 1951. 1905 and accompanied by such certificate shall have the same effect as such deeds or other instruments § 1431a. Islands of Tutuila, Manua, and eastern Sa- moa; ceded to and accepted by United States; hereafter so acknowledged and certified. (June 28, revenue; government. 1906, ch. 3585, 34 Stat. 552.)

(a) The cessions by certain chiefs of the islands CODIFICATION of Tutuila and Manua and certain other islands of Similar provisions relating to Guam and the Canal the Samoan group lying between the thirteenth and Zone are set out as sections 1421f-1 of this title and 512 of Title 3 of the Canal Zone Code, fifteenth degrees of latitude respectively. Said south of the Equator section 512 was formerly set out as section 1358 of this and between the one hundred and sixty-seventh and title.