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United States Code: Guam, 48 U.S.C. §§ 1421-1424B (1952)

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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.
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