§ 1418 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 9120

high seas, which laws for the purpose aforesaid are Sec. extended over such islands, rocks, and keys. (R. S. 1422c. Executive agencies and instrumentalities. (a) Appointment § 5576.) of heads; preferences in ap- DERIVATION pointments and promotions; educational Act Aug. 18, 1856, ch. 164, § 6, 11 Stat. 120. and vocational training; establishment of merit system. CROSS REFERENCES (b) Appointment and removal of officers; pow- Crimes committed on any island, rock, or key, contain- ers and duties of officer. ing deposits of guano, which may be considered as apper- (c) Reorganization. taining to the United States, to be punished as crimes (d) Continuation in office of incumbents. under admiralty or maritime jurisdiction, see section 7 (4) of Title 18, Crimes and Criminal Procedure. THE LEGISLATURE § 1418. Employment of land and naval forces in pro- 1423. Composition of Legislature; general elections, organization and sessions. tection of rights. 1423a. Power of Legislature; limitation on indebtedness The President is authorized, at his discretion, to of ; bond issues. 1423b. Determination of selection and qualification employ the land and naval forces of the United of members; officers; rules and procedure. States to protect the rights of the discoverer or of 1423c. Privileges of members. his widow, heir, executor, administrator, or assigns. 1423d. Oath of office. (R. S. § 5577.) 1423e. Prohibition against acceptance of salary increases DERIVATION or newly created offices. Act Aug. 18, 1856, ch. 164, § 5, 11 Stat. 120. 1423f. Qualifications of members. 1423g. Vacancies. § 1419. Right to abandon islands. 1423h. Regular and special sessions. 14231. Approval of bills. Nothing in this chapter contained shall be con- 1423j. Appropriations. strued as obliging the United States to retain pos- 1423k. Right of petition. session of the Islands, rocks, or keys, after the guano 14231. Purchases. shall have been removed from the same. (R. S. THE JUDICIARY § 5578.) DERIVATION 1424. District Court of Guam; jurisdiction; appellate division; rules of procedure. Act Aug. 18, 1856, ch. 164, § 4, 11 Stat. 120. 1424a. Repealed. 1424b. Judge of District Court; appointment, tenure, and Chapter 8A-GUAM compensation; appointment of United States GENERAL PROVISIONS attorney and marshal; applicability of laws. Sec. PUBLIC HOUSING AND URBAN RENEWAL 1421. Territory included under name Guam. 1421a. Unincorporated territory; capital; powers of gov- 1425. Mortgage insurance on housing projects or prop- ernment; suits against government; type of erty; conditions and limitations. government; supervision. 1425a. Legislative authority to create authorities; ap- 1421b. Bill of rights. pointment of members; powers of authorities. 1421c. Certain laws continued in force; modification or 1425b. Issuance of notes, bonds, and obligations. repeal of laws; applicability of Act of Congress. 1425c. Authorization of loans, conveyances, etc. 1421d. Salaries and allowances of officers and employees. 1425d. Ratification of prior act. 1421e. Duty on articles. 1425e. Additional powers. 1421f. Title to property transferred. 1426. Repealed. 1421f-1. Acknowledgment of deeds. 1421g. Establishment and maintenance of public health GENERAL PROVISIONS services; public school system. 1421h. Duties and taxes to constitute fund for benefit of §1421. Territory included under name Guam. Guam. The territory ceded to the United States in ac- 14211. Income tax. cordance with the provisions of the Treaty of Peace (a) Applicability of Federal laws. (b) Guam Territorial income tax. between the United States and Spain, signed at (c) Enforcement of tax. Paris, December 10, 1898, and proclaimed April 11, (d) Definition of "income-tax laws"; admin- istration and enforcement; rules and 1899, and known as the island of Guam in the regulations. Marianas Islands, shall continue to be known as (e) Substitution of terms. Guam. (Aug. 1, 1950, ch. 512, § 2, 64 Stat. 384.) (f) Criminal offenses; prosecution. (g) Liens. SHORT TITLE (h) Jurisdiction of District Court; suits for Congress in enacting this chapter provided by section recovery or collection of taxes; payinent 1 of act Aug. 1, 1950, that it shall be popularly known of judgment. as the "Organic Act of Guam". 1421j. Appropriations. EFFECTIVE DATE; CONTINuATION OF FEDERAL 1421k. Designation of naval or military reservations; ADMINISTRATION closed port. Section 34 of act Aug. 1, 1950, provided that: "Upon 14211. Citizens by birth in Guam on and after April 11, 1899. the 21st day of July 1950, the anniversary of the liberation 1421m. Marihuana; of the island of Guam by the Armed Forces of the United prohibition of transactions; defini- States in World War II, the authority and powers con- tions; penalties. ferred by this Act [this chapter] shall come into force. 1421n. Applicability of Federal copyright laws. However, the President is authorized, for a period not to THE EXECUTIVE BRANCH exceed one year from the date of enactment of this Act [Aug. 1, 19501, to continue the administration of 1422. Governor; appointment, tenure, and residency; Guam in all or in some respects as provided by law, powers and duties. Executive order, or local regulation in force on the date 1422a. Secretary of Guam; appointment and tenure; of enactment of this Act [Aug. 1, 19501. The President powers and duties. may, in his discretion, place in operation all or some 1422b. Governor ad interim; acting Government of the provisions of this Act [this chapter] if practicable secretary. before the expiration of the period of one year." Page 9121 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1421b

SUBMERGED LANDS. CONVEYANCE TO TERRITORY to be searched and the person or things to be Conveyance of submerged lands to the government of seized. Guam, see chapter 15 of this title. (d) No person shall be subject for the same Ex. ORD. No. 10077. TRANSFER OF ADMINISTRATION OF GUAM offense to be twice put in jeopardy of punishment; Ex. Ord. No. 10077, Sept. 7, 1949, 14 F. R. 5523, as nor shall he be compelled in any criminal case to amended by Ex. Ord. No. 10137, June 30, 1950, 15 F. R. 4241, be a witness against himself. provided: 1. The administration of the Island of Guam is hereby (e) No person shall be deprived of life, liberty, transferred from the Secretary of the Navy to the Secre- or property without due process of law. tary of the Interior, such transfer to become effective on (f) Private property shall not be taken for pub- August 1, 1950. lic use without just compensation. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer (g) In all criminal prosecutions the accused shall of the administration of the Island of Guam as embodied have the right to a speedy and public trial; to be in the above mentioned memorandum of understanding informed of the nature and cause of the accusation between the two departments. and to have a copy thereof; to be confronted with 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall the witnesses against him; to have compulsory take such action as may be necessary and appropriate, and process for obtaining witnesses in his favor, and to in harmony with applicable law, for the administration of have the assistance of counsel for his defense. civil government on the Island of Guam. 4. The executive departments and agencies of the Gov- (h) Excessive bail shall not be required, nor exces- ernment are authorized and directed to cooperate with the sive fines imposed, nor cruel and unusual punish- Departments of the Navy and Interior in the effectuation ments inflicted. of the provisions of this order. (i) Neither slavery nor involuntary servitude, 5. The said Executive Order No. 108-A of December 23, 1898, is revoked, effective July 1, 1950. except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam. § 1421a. Unincorporated territory; capital; powers of (j) No bill of attainder, ex post facto law, or law government; suits against government; type of impairing the obligation of contracts shall be government; supervision. enacted. Guam is declared to be an unincorporated terri- (k) No person shall be imprisoned for debt. tory of the United States and the capital and seat (1) The privilege of the writ of habeas corpus of government thereof shall be located at the city of Agana, Guam. The shall shall not be suspended, unless, when in cases of have the powers set forth in this chapter, shall rebellion or invasion or imminent danger thereof, have power to ste by such name, and, with the con- the public safety shall require it. sent of the legislature evidenced by enacted law, (in) No qualification with respect to property, may be sued upon any contract entered into with income, political opinion, or any other matter apart respect to, or any tort committed incident to, the from citizenship, civil capacity, and residence shall exercise by the government of Guam of any of its be imposed upon any voter. lawful powers. The government of Guam shall (n) No discrimination shall be made in Guam consist of three branches, executive, legislative, and against any person on account of race, language, judicial, and its relations with the Federal Govern- or religion, nor shall the equal protection of the ment shall be under the general administrative su- laws be denied. pervision of the head of such civilian department or (o) No person shall be convicted of treason agency of the Government of the United States as against the United States unless on the testimony the President may direct. (Aug. 1, 1950, ch. 512, § 3, of two witnesses to the same overt act, or on con- 64 Stat. 384; Sept. 21, 1959, Pub. L. 86-316, 73 Stat. fession in open court. 588.) (p) No public money or property shall ever be AMENDMENTS appropriated, supplied, donated, or used, directly 1959-Pub. L. 86-316 permitted government of Guam, or indirectly, for the use, benefit, or support of of legislature, to be sued. with consent any sect, church, denomination, sectarian institu- § 1421b. Bill of rights. tion, or association, or system of religion, or for (a) No law shall be enacted in Guam respecting the use, benefit, or support of any priest, preacher. an establishment of religion or prohibiting the free minister, or other religious teacher or dignitary exercise thereof, or abridging the freedom of speech, as such. or of the press, or the right of the people peaceably (q) The employment of children under the age to assemble and to petition the government for a of fourteen years in any occupation injurious to redress of their grievances. health or morals or hazardous to life or limb is (b) No soldier shall, in time of peace, be quar- hereby prohibited. tered in any house, without the consent of the (r) There shall be compulsory education for all owner, nor in time of war, but in a manner to be children, between the ages of six and sixteen years. prescribed by law. (s) No religious test shall ever be required as a (c) The right of the people to be secure in their qualification to any office or public trust under the persons, houses, papers, and effects, against un- government of Guam. reasonable searches and seizures, shall not be (t) No person who advocates, or who aids or violated; and no warrant for arrest or search shall belongs to any party, organization, or association issue but upon probable cause, supported by oath which advocates, the overthrow by force or violence or affirmation, and particularly describing the place of the government of Guam or of the United States Page 9122 § 1421c TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS

shall be qualified to hold any public office of trust States, and once during every two years shall be or profit under the government of Guam. (Aug. 1, entitled to transportation at the expense of the 1950, ch. 512, § 5, 64 Stat. 385.) United States for themselves and their immediate families from Guam to their homes and return. CROSS REFEREN Es For purposes of transportation to their homes and Advocating overthrow of government, penalty for, see section 2385 of Title 18, Crimes and Criminal Procedure. return, they shall be allowed travel time not in excess of thirty days without charge against annual § 1421c. Certain laws continued in force; modification leave and during such travel time they shall be paid or repeal of laws; applicability of Act of Congress. their salaries as prescribed by this chapter or the (a) The laws of Guam in force on August 1, 1950, laws of Guam. Transportation shall be by the except as amended by this chapter, are continued in shortest and most direct route. During their term force, subject to modification or repeal by the Con- of duty in Guam they shall each be entitled to gress of the United States or the Legislature of receive appropriate quarters to be furnished by the Guam, and all laws of Guam inconsistent with the United States at established rentals. provisions of this chapter are repealed to the extent (d) All officers and employees of the government of of such inconsistency. Guam, whose salaries are not fixed by this chapter, (b) Except as otherwise provided in this chapter, shall be paid such compensation and shall receive no law of the United States hereafter enacted shall such additional allowances or benefits as may be have any force or effect within Guam unless specifi- fixed under the laws of Guam, or, in case they be cally made applicable by Act of the Congress either employees or officers of the department or agency by reference to Guam by name or by reference to designated by the President under section 1421a of "possessions". The President of the United States this title, as fixed by or under the rules and regula- shall appoint a commission of seven persons, at least tions of, or applicable to, such department or agency three of whom shall be residents of Guam, to survey while detailed to serve with the government of Guam. the field of Federal statutes and to make recom- If any official or employee of the government of mendations to the Congress of the United States Guam be a person in the armed forces of the United within twelve months after August 1, 1950 as to States, either in active, retired, or reserve status, his which statutes of the United States not applicable to employment by the government of Guam and any Guam on such date shall be made applicable to service thereunder, shall not, in the discretion of Guam, and as to which statutes of the United States the President, operate to affect adversely his rights applicable to Guam on such date shall be declared to duty status, pay, retirement, or other benefits. inapplicable. (Aug. 1, 1950, ch. 512, § 25, 64 Stat. (e) Each member of the legislature shall be paid 390.) the sum of $15 for each day that the legislature is in CROSS REFERENCES Acknowledgment of deeds, see section 1421f-1 of this session, regular or special, out of sums to be appro- title. priated annually by the Congress. All other legis- Fair Labor Standards Act, application to Guam, see lative expenses shall be appropriated by, and paid section 213(f) of Title 29, Labor. out of funds of, the government of Guam. (Aug. 1, Narcotics, application of law to Guam, see section 4716 of Title 26, Internal Revenue Code, 1954. 1950, ch. 512, § 26, 64 Stat. 391; Aug. 1, 1956, ch. National Bank Act, application to Guam, see section 852, § 21, 70 Stat. 911.) 41 of Title 12, Banks and Banking. Park programs, state as including Guam, see section REFERENCES IN TEXT 17n of Title 16, Conservation. The Executive Pay Act of 1949, referred to in subsec. (a), is act Oct. 15, 1949, ch. 695, 63 Stat..880. That act § 1421d. Salaries and allowances of officers and em- was classified throughout the Code. See Tables. ployees. The Classification Act of 1949, referred to in subsec. (b), is classified to chapter 21 of Title 5, Executive De- (a) The Governor shall receive an annual salary partments and Government Officers and Employees. at the rate provided for the Governor of the Virgin The.Leave Act of the United States, referred to in sub- Islands in the Executive Pay Act of 1949, as hereto- sec. (c), is act Mar. 14, 1936, ch. 140, 49 Stat. 1161, and fore or hereafter amended, to be paid by the United was formerly classified to sections 29a, 30b-30e and 301 of Title 5, Executive Departments and Government Offi- States. cers and Employees. Those sections were repealed and are (b) The Secretary of Guam shall receive an an- now covered by chapter 23 of that title. nual salary to be paid by the United States at a rate AMENDMENTS established in accordance with the standards pro- 1956-Subsec. (a). Act Aug. 1, 1956, substituted "the vided in the Classification Act of 1949. Governor of the Virgin Islands in the Executive Pay (c) All officers and employees of the government Act of 1949, as heretofore or hereafter amended," for of Guam shall, if their homes be outside Guam, be "Governors of Territories and possessions in the Execu- tive Pay Act of 1949, but not to exceed $13,125,". entitled to transportation at the expense of the United States for themselves, their immediate fam- § 1421e. Duty on articles. ilies, and their household effects, from their homes All articles coming into the United States from to Guam upon their appointment and from Guam Guam shall be subject to or exempt from duty as to their homes upon completion of their duties: provided for in section 1301a of Title 19. (Aug. 1, Provided, That such transportation other than that 1950, ch. 512, § 27, 64 Stat. 392; Sept. 1, 1954, ch. incident to initial appointment shall not be required 1213, title IV, § 402 (b), 68 Stat. 1140.) to be furnished unless they shall have served in Guam for at least two years, unless separated for REFERENCES IN TEXT to in text, was re- beyond their control. They shall accrue Section 1301a of Title 19, referred reasons pealed by Pub. L. 87-456, title III, § 301(a), May 24, 1962, leave in accordance with the Leave Act of the United 76 Stat. 75. Page 9123 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1421f

AMENDMENTS 1954-Act Sept. 1, 1954, subjected Guam to the general Condem- nation Perimeter Facility provision for importations from Insular possessions con- proceed- area tained in section 1301a of Title 19, Customs Duties. ings Civil No. EFFCTIVE DATE OF 1954 AMENDMENT

Amendment of section by act Sept. 1, 1954, effective Acres on and after the thirtieth day following Sept. 1, 1954, see 4.566. 757 North Field. note set out under section 160 of Title 19, Customs 9.372 Mt. Santa Rosa Water Reservoir and Supply Lines. Duties. 5.990 Mt. Santa Rosa-Marbo Water Lines. CROSS REFERENCES 5. 990 Tumon Maui Well Site. 4,803.000 Naval Ammunition Depot. Free list as excluding Guam, see section 1201 of Title 44. 651 Primary Transmission Line. 19, Customs Duties. 12. 169 Mt. Santa Rosa-Marbo Water Line Easement. 6,332.000 Reservation. § 1421f. Title to property transferred. 6. 450 Aceorp Tunnel. 35.391 Camp Dealy. (a) The title to all property, real and personal, 0. 637 Recreation Area Utility Lines. 24. 914 Agana Springs. owned by the United States and employed by the 41.360 Asan Point Tank Farm. 85.032 Asan Point Housing. naval government of Guam in the administration 137. 393 Medical Center. of the civil affairs of the inhabitants of Guam, in- 45. 630 Agafo Gumas. 4, 798. 682 Naval Communication Station. cluding automotive and other equipment, tools and 11. 726 Nimitz Beach. 800. 443 Command Center. machinery, water and sewerage facilities, bus lines 4,901.100 Tarague Natural Wells. and other utilities, hospitals, schools, and other 5. 945 Agana Diesel Electric Generating plant. 23. 708 Mt. Santa Rosa Haul Road, Water Reservoir buildings, shall be transferred to the government of and Supply Lines, VHF Relay Station, Mt. Santa Rosa-Marbo Water Line. Guam within ninety days after August 1, 1950. 4, 562.107 Northwest Air Force Base. (b) All other property, real and personal, owned 60. 480 Marbo Base Command Area-Sewage Disposal. 21.695 Loran Station, . by the United States in Guam, not reserved by the 15.322 Av-Gas Tank Farm #12. 1,820. 148 Proposed Boundary of NAS Agana, Housing President of the United States within ninety days Area #7. after August 1, 1950, is placed under the control 37. 519 C. A. A. Site (Area #90). 3. 575 Tumn Maui Well (Water Tunnel). of the government of Guam, to be administered 49. 277 Tumon Bay Recreation Area (Road and AV-Gas Fuel Line Parcel #1). for the benefit of the people of Guam, and the 0.208 Utility Easement from Rt. #1 to Rt. #6 (Coontz legislature shall have authority, subject to such Junction). 6%.300 Tumon Bay Recreation Area (Area #78). limitations as may be imposed upon its acts by this 2,497.400 Marbo Base Command. 0. 918 Mt. Tenjo VHF Station Site. chapter or subsequent Act of the Congress, to legis- 285. 237 Sasa Valley Tank Farm (Area #26). late with respect to such property, real and personal, 17.793 Sub Transmission System Piti Steam Plant to Command Center. in such manner as it may deem desirable. 28.888Route #1 (Marine Drive) (Portion). 94.000 Sub Transmission System (34 KV Line) Piti (c) All property owned by the United States in Steam Plant to Agana Diesel Plant and POL Guam, the title to which is not transferred System Sass Valley Tank Farm to NAS to the Agana. government of Guam by subsection (a) of this sec- 953.000 Harmon Air Force Base. 2,922.000 . tion, or which is not placed under the control of the 25.000 AACS Radio Range (Area #30). government of Guam by subsection (b) of this sec- 37.000 Water Line Apra Heights Reservoir to Fena Pump Station and Av-Gas Fuel System. tion, is transferred to the administrative supervi- 2,185.000 Fena River Reservoir. sion of the head of the department or agency desig- nated by the President under section 1421a of this (b) The road system and utilities systems described in the said deed between the Naval Government of Guam title, except as the President may from time to time and the United States of America dated July 31, 1950. otherwise prescribe: Provided, That the head of such (c) The following-described areas: Mount Lam Lam department or agency shall be authorized to lease Light; Rear Range Light; Mount Aluton Light; Area or to sell, on such terms as he may deem in the Number 35 Culverts; Mount Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir; Tripartite Seismo- public interest, any property, real and personal, of graph Station Site, Land Unit M, Section 2, Land Square the United States under his administrative super- 20; the Power Sub-station located on Lot 266, Munici- vision in Guam not needed for public purposes. pality of Agat adjacent to Erskine Drive, City of Agat. (Aug. 1, 1950, ch. 512, § 28, 64 Stat. 392.) (d) Lots 2285-5 and 2306-1 in Barrigada. (e) All personal property relating to or used in con- Ex. ORD. No. 10178. RESERVATION OF PROPERTY IN GUAM nection with any of the above-described real property. FOR USE OF UNrrED STATES 2. The following-described real property of the United Ex Ord. No. 10178, Oct. 30, 1950, 15 F.R. 7313, provided: States in Guam is hereby reserved to the United States Now, therefore, by virtue of the authority vested in me and transferred to the administrative supervision of the by the said section 28 of the Organic Act of Guam [sec- Secretary of the Interior, and shall be available for tion 1421f of this title] and as President of the United disposition by the Secretary of the Interior in his dis- States, it is ordered as follows: cretion under section 28 (c) of the said Organic Act of 1. The following-described real and personal property Guam [section 1421f (c) of this title]: of the United States in Guam is hereby reserved to the All of those lands which have been selected by the United States and placed under the control and jurisdic- Secretary of the Navy for transfer or sale pursuant to tion of the Secretary of the Navy: Provided, That the the act of November 15, 1945, 59 Stat. 584, to persons in Secretary of the Navy shall transfer such portions of such replacement of lands acquired for military or naval property to the Department of the Army, the Department purposes in Guam, a list and description of such lands of the Air Force, and the Coast Guard as may be re- being on file in the Department of the Navy. quired for their respective purposes: 3. In addition to the personal property described in (a) All of that real property in Guam situated within paragraph 1 (e) hereof, there is hereby reserved to the the perimeter areas defined in the following-designated United States all personal property condemnation proceedings in the Superior Court of Guam, of the United States being the same property qultclaimed by the Naval Gov- in Guam, except that which is transferred to the gov- ernment of Guam to the United States of America by ernment of Guam by or pursuant to section 28 (a) of deed dated July 31, 1950, and filed for record with the the Organic Act of Guam, which on the date of this Land Registrar of Guam on August 4, 1950 (Presentation order is in the custody or control of the Department of No. 22063): the Army, the Department of the Navy, the Department Page 9124 § 1421f-1 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS of the Air Force, the Coast Guard, or any other depart- CROSS REFERENCES ment or agency of the United States; and all such per- Payment to Guam of proceeds of tax collected on coco- sonal property shall remain in the custody and control nut and palm oil, see section 7654 of Title 26, Internal of the department or agency having custody and control Revenue Code, 1954. thereof on the date of this order. § 1421i. Income tax. § 1421f-1. Acknowledgment of deeds. (a) Applicability of Federal laws. Deeds and other instruments affecting land sit- The income-tax laws in force in the United States uate in the District of Columbia or any Territory of America and those which may hereafter be en- of the United States may be acknowledged in the acted shall be held to be likewise in force in Guam. island of Guam before any notary public or judge ap- (b) Guam Territorial income tax. pointed therein by proper authority, or by any officer The income-tax laws in force in Guam pursuant therein who has ex officio the powers of a notary (a) of this section shall be deemed public: Provided,That the certificate by such notary to subsection a separate Territorial income tax, payable in Guam shall be accompanied by the certificate of to impose of Guam, which tax is designated the governor or acting governor of such place to the to the government Territorial income tax". effect that the notary taking said acknowledgment the "Guam was In fact the officer he purported to be; and any (c) Enforcement of tax. deeds or other instruments affecting lands so sit- The administration and enforcement of the uate, so acknowledged since the 1st day of January Guam Territorial income tax shall be performed by 1905 and acompanied by such certificate shall have or under the supervision of the Governor. Any the same effect as such deeds or other instruments function needful to the administration and en- hereafter so acknowledged and certified. (June 28, forcement of the income-tax laws in force in Guam 1906, ch. 3585, 34 Stat. 552.) pursuant to subsection (a) of this section shall be CODIFICATION performed by any officer or employee of the govern- Section was not enacted as a part of the Organic Act of ment of Guam duly authorized by the Governor Guam, which comprises this chapter. (either directly, or indirectly by one or more redele- Similar provisions relating to Samoa are set out as gations of authority) to perform such function. section 1663 of this title. "income-tax laws"; administration § 1421g. Establishment and maintenance of public (d) Definition of and enforcement; rules and regulations. health services; public school system. (1) The income-tax laws in force in Guam pur- (a) Subject to the laws of Guam, the Governor suant to subsection (a) of this section include but shall establish, maintain, and operate public-health are not limited to the following provisions of the services in Guam, including hospitals, dispensaries, Internal Revenue Code of 1954, where not mani- and quarantine stations, at such places in Guam as festly inapplicable or incompatible with the intent may be necessary, and he shall promulgate quaran- of this section: Subtitle A (not including chapter tine and sanitary regulations for the protection of 2 and section 931) ; chapters 24 and 25 of subtitle Guam against the importation and spread of disease. C, with reference to the collection of income tax (b) The Governor shall provide an adequate pub- at source on wages; and all provisions of subtitle F lic educational system of Guam, and to that end which apply to the income tax, including provisions shall establish, maintain, and operate public schools as to crimes, other offenses, and forfeitures con- at such places in Guam as may be necessary. (Aug. tained in chapter 75. For the period after 1950 and 1, 1950, ch. 512, § 29, 64 Stat. 392.) prior to the effective date of the repeal of any pro- vision of the Internal Revenue Code of 1939 which to constitute fund for bene- § 1421h. Duties and taxes corresponds to one or more of those provisions of fit of Guam. the Internal Revenue Code of 1954 which are in- and Federal income taxes de- All customs duties cluded in the income-tax laws in force in Guam collected rived from Guam, the proceeds of all taxes pursuant to subsection (a) of this section, such United States under the internal-revenue laws of the income-tax laws include but are not limited to such transported to on articles produced in Guam and provisions of the Internal Revenue Code of 1939. possessions, or the United States, its Territories, or (2) The Governor or his delegate shall have the and the proceeds of any other consumed in Guam, same administrative and enforcement powers and taxes which may be levied by the Congress on the remedies with regard to the Guam Territorial in- passport, Inhabitants of Guam, and all quarantine, come tax as the Secretary of the Treasury, and other collected in immigration, and naturalization fees United States officials of the executive branch, have Guam shall be covered into the treasury of Guam with respect to the United States income tax. and held in account for the government of Guam, Needful rules and regulations for enforcement of the and govern- and shall be expended for the benefit Guam Territorial income tax shall be prescribed by ment of Guam in accordance with the annual the Governor. The Governor or his delegate shall budgets; except that nothing in this chapter shall have authority to issue, from time to time, in whole be construed to apply to any tax imposed by chapter or in part, the text of the income-tax laws in force 64 2 or 21 of Title 26. (Aug. 1, 1950, ch. 512, § 30, in Guam pursuant to subsection (a) of this section. Stat. 392; Sept. 13, 1960, Pub. L. 86-778, title I, (e) of terms. § 103(u), 74 Stat. 941.) Substitution In applying as the Guam Territorial income tax AMENDMENTS the income-tax laws in force in Guam pursuant to 1960-Pub. L. 86-778 inserted clause providing that subsection (a) of this section, except where it is shall be construed to apply to any nothing in this chapter otherwise required, the applicable pro- tax Imposed by chapter 2 or 21 of Title 26. manifestly Page 9125 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 14211

visions of the Internal Revenue Codes of 1954 and acted by or paid to him and subsequently paid into 1939, shall be read so as to substitute "Guam" for the treasury of Guam, in performing his official "United States", "Governor or his delegate" for duties under the income-tax laws in force in Guam "Secretary or his delegate", "Governor or his dele- pursuant to subsection (a) of this section, if the gate" for "Commissioner of Internal Revenue" and court certifies that- "Collector of Internal Revenue", "District Court of (A) probable cause existed; or Guam" for "district court" and with other changes in (B) such officer or employee acted under the nomenclature and other language, including the omission of inapplicable language, where necessary directions of the Governor or his delegate. to effect the intent of this section. When such certificate has been issued, the Gov- ernor shall order the payment of such judgment out (f) Criminal offenses; prosecution. Any act or failure to act with respect to the Guam of any unencumbered funds in the treasury of Guam. Territorial income tax which constitutes a criminal (4) A civil action for the collection of the Guam offense under chapter 75 of subtitle F of the Internal Territorial income tax, together with fines, penalties, Revenue Code of 1954, or the corresponding provi- and forfeitures, or for the recovery of any erroneous sions of the Internal Revenue Code of 1939, as in- refund of shch tax, may be brought in the name of cluded in the income-tax laws in force in Guam and by the government of Guam in the District pursuant to subsection (a) of this section, shall be Court of Guam or in any district court of the United an offense against the government of Guam and may States or in any court having the jurisdiction of a be prosecuted in the name of the government of district court of the United States. Guam by the appropriate officers thereof. (5) The jurisdiction conferred upon the District (g) Liens. Court of Guam by this subsection shall not be sub- The government of Guam shall have a lien with ject to transfer to any other court by the legislature, respect to the Guam Territorial income tax in the notwithstanding section 1424(a) of this title. (Aug. same manner and with the same effect, and subject to 1, 1950, ch. 512, § 31, 64 Stat. 392; Aug. 20, 1958, Pub. the same conditions, as the United States lias a lien L. 85-688, § 1, 72 Stat. 681.) with respect to the United States income tax. Such lien in respect of the Guam Territorial income tax REFERENCES IN TEXT shall be enforceable in the name of and by the gov- The Internal Revenue Code of 1954, referred to in the text, is classified to Title 26, Internal Revenue Code. Sub- ernment of Guam. Where filing of a notice of lien is title, chapter and section designations in Title 26, cor- prescribed by the income-tax laws in force in Guam respond with those of the Internal Revenue Code of 1954. pursuant to subsection (a) of this section, such no- AMENDMENTS tice shall be filed in the Office of the Clerk of the 1958-Subsec. (a). Pub. L. 85-688 designated existing District Court of Guam. provisions as subsec. (a). Subsecs. (b)-(h). Pub. L. 85-688 added subsecs. (b)- (h) Jurisdiction of District Court; suits for recovery (h). or collection of taxes; payment of judgment. EFFEcTIvE DATE (1) Notwithstanding any provision of section 1424 Section became effective January 1, 1951, by provi- of this title or any other provision of law to the con- sion of Ex. Ord. No. 10211, Feb. 6, 1951, 16 F. R. 1167. trary, the District Court of Guam shall have exclu- RATIFICATION OF ASSESSMENTS AND COLLECTIONS MADE sive original jurisdiction over all judicial proceedings BEFORE AUG.20, 1958 in Guam, both criminal and civil, regardless of the Section 2 of Pub. L. 85-688 provided that: "Income degree of the offense or of the amount involved, with taxes heretofore assessed by the authorities of the gov- respect to the Guam Territorial income tax. ernment of Guam pursuant to, or under color of, section 31 of the Organic Act of Guam [this section], the collec- (2) Suits for the recovery of any Guam Terri- tion of such taxes, and all acts done to effectuate such torial income tax alleged to have been erroneously or assessment and collection are hereby legalized, ratified illegally assessed or collected, or of any penalty and confirmed as fully, to all intents and purposes, as claimed to have been collected without authority, if section 1 of this Act [adding subsecs. (b)-(h) of this section] (subsections (b) to (g), inclusive, of which are or of any sum alleged to have been excessive or in hereby declared to express the true intendment of said any manner wrongfully collected, under the income- section 31 as It was prior to enactment of this Act [August tax la*s in force in Guam, pursuant to subsection 20, 1958]) had then been in full force and effect: Pro- vided, That if it shall (a) of this section, may, regardless of the amount of be judicially determined that, ex- cept for the enactment of this Act, an assessment or claim, be maintained against the government of collection of such taxes or an act done or required to be Guam subject to the same statutory requirements done in order to effectuate such assessment and collection as are applicable to suits for the recovery of such would not, in the particular circumstances of the case, amounts maintained against the United States in the have been lawful under said section 31 [this section] as it was prior to enactment of this Act, no penalty shall be United States district courts with respect to the imposed for failure to have made timely payment of such United States income tax. When any judgment taxes or to have complied at the prescribed time with a against the government of Guam under this para- requirement intended to effectuate the assessment and collection thereof, but such penalty shall be Imposed for graph has become final, the Governor shall order any failure to make payment or to comply which con- the payment of such judgments out of any unencum- tinues more than sixty days from the date of this Act bered funds in the treasury of Guam. [August 20, 19581."

(3) Execution shall not issue against the Gover- CROSS REFERENCES nor or any officer or employee of the government of All provisions of laws of the United States applicable Guam on a final judgment in any proceeding against to assessment and collection of taxes imposed by Internal Revenue Code is applicable to possessions, see section him for any acts or for the recovery of money ex- 7651(1) of Title 26, Internal Revenue Code, 1954. i1421j TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 9126

Articles, goods, wares, or merchandise going into Guam (d) The Commissioner of Immigration and Natu- as exempt from payment of any tax imposed by the in- ralization, with the approval of the Attorney Gen- ternal revenue laws of the United States, see section 7653(b) of Title 26, Internal Revenue Code, 1954. eral, is authorized and empowered to make and prescribe such rules and regulations not in conflict § 1421j. Appropriations. with this Act as he may deem necessary and proper. There are authorized to be appropriated annually (e) Section 804 (c) of Title 8 shall not apply to by the Congress of the United States such sums as persons who acquired citizenship under this section. may be necessary and appropriate to carry out the (Aug. 1, 1950, ch. 512, § 4 (a), 64 Stat. 384.) provisions and purposes of this chapter. (Aug. 1, REFERENCES IN TEXT 1950, ch. 512, § 32, 64 Stat. 392.) This Act, referred to in subsec. (d), refers to the Nationality Act of 1940, which was repealed by act June § 1421k. Designation of naval or military reservations; 27, 1952, ch. 477, title 4, § 403(a) (42), 66 Stat. 280, and closed port. Is now covered by chapter 12 of Title 8, Aliens and Nothing contained in this chapter shall be con- Nationality. strued as limiting the authority of the President to Section 804 (c) of Title 8, referred to in subsec. (e), was repealed by act June 27, 1952 and is now covered by designate parts of Guam as naval or military reser- subchapter III of chapter 11 of Title 8. vations, nor to restrict his authority to treat Guam as a closed port with respect to the vessels and air- § 1421m. Marihuana; prohibition of transactions; def- craft of foreign nations. (Aug. 1, 1950, ch. 512, § 33, initions; penalties. 64 Stat. 393.) (a) It shall be unlawful for any person to produce, manufacture, compound, possess, sell, give away, SUBMERGED LANDS, CONVEYANCE TO TERRITORY deal in, dispense, administer, or transport marihuana Conveyance of submerged lands to the government of Guam, see chapter 15 of this title. in Guam, or to import marihuana into or export it from Guam. § 14211. Citizens by birth in Guam on and after April (b) As used in subsection (a) of this section, the 11, 1899. term "marihuana" shall have the meaning now or (a) The following persons, and their children hereafter ascribed to it in section 4761(2) of Title born after April 11, 1899, are declared to be citizens 26, and the term "produce" shall mean (a) plant, of the United States, if they are residing on August cultivate, or in any way facilitate the natural 1, 1950 on the island of Guam or other territory over growth of marihuana, or (b) harvest and transfer which the United States exercises rights of sov- or make use of marihuana. ereignty: (c) Any person who shall violate subsection (a) of (1) All inhabitants of the island of Guam on this section shall be punished for the first offense April 11, 1899, including those temporarily absent by a fine of not more than $2,000, or by imprison- from the island on that date, who were Spanish ment in jail for not less than two or more than five subjects, who after that date continued to reside years, or by both, and shall be punished for each in Guam or other territory over which the United subsequent offense by a fine of not more than $2,000, States exercises sovereignty, and who have taken or by imprisonment in jail for not less than five years no affirmative steps to preserve or acquire foreign or more than ten years, or by both; and any mari- nationality. huana involved in any violation of subsection (a) (2) All persons born in the island of Guam of this section may be seized, and the court may who resided In Guam on April 11, 1899, including order its confiscation and destruction. (Aug. 1, 1956, those temporarily absent from the island on that date, who after that date continued to reside in ch. 852, § 15, 70 Stat. 910.) Guam or other territory over which the United CODIFICATION States exercises sovereignty, and who have taken Section was not enacted as part of Organic Act of no affirmative steps to preserve or acquire foreign Guam, which is classified to this chapter. nationality. CROSS REFERENCES (b) All persons born in the island of Guam on or Felony, definition of, see section 1 of Title 18, Crimes and Criminal Procedure. after April 11, 1899 (whether before or after Au- gust 1, 1950), subject to the jurisdiction of the § 1421n. Applicability of Federal copyright laws. United States, are declared to be citizens of the The laws of the United States relating to copy- United States: Provided, That in the case of any rights, and to the enforcement of rights arising person born before August 1, 1950, he has taken no thereunder, shall have the same force and effect in affirmative steps to preserve or acquire foreign Guam as in the continental United States. (Aug. 1. nationality. 1956, ch. 852, § 24, 70 Stat. 911.) (c) Any person hereinbefore described who is a CROSS REFERENCES citizen or national of a country other than the Federal copyright laws generally, see section 1 et seq. of Title 17, Copyrights. United States and desires to retain his present polit- ical status shall make, within two years of August 1, I THE EXECUTIVE BRANCH 1950, a declaration under oath of such desire, said § 1422. Governor; appointment, tenure, and residency; declaration to be in form and executed in the man- powers and duties. ner prescribed by regulations. From and after the (a) The executive authority of the government of making of such a declaration any such person shall Guam shall be vested in an executive officer, whose be held not to be a national of the United States title shall be "Governor of Guam", and shall be ex- by virtue of this chapter. ercised under the supervision of the head of the Page 9127 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1422c department or agency referred to in section 1421a of proclamations and orders of the Governor and all this title. The Governor shall be appointed by the laws enacted by the legislature. He shall have all President, by and with the advice and consent of such executive powers and perform such other du- the Senate of the United States, and shall hold his ties as may be prescribed by this chapter or assigned office for four years and until his successor is ap- to him by the Governor. He shall hold office for pointed and qualified. The Governor shall be a four years and until his successor is appointed and civilian or a retired officer of the armed forces of has qualified. (Aug. 1, 1950, ch. 512, § 7, 64 Stat. the United States. He shall reside in Guam during 387.) his incumbency. § 1422b. Governor ad interim; acting Government (b) The Governor shall have general supervision secretary. and control of all executive agencies and instru- mentalities of the government, of Guam. He shall The head of the department or agency designated faithfully execute the laws of the United States ap- by the President under section 1421a of this title plicable to Guam, and the laws of Guam. He may may from time to time designate the head of an grant pardons and reprieves and remit fines and executive department of the government of Guam or forfeitures for offenses against the local laws, and other person to act as Governor in case of a vacancy may grant respites for all offenses against the appli- in the office, or the disability or temporary absence cable laws of the United States until the decision of both the Governor and the Secretary, and the of the President can be ascertained. He may veto person so designated shall have all the powers of any legislation as provided in this chapter. He shall the Governor for so long as such condition con- commission all officers that he may be authorized tinues. The Governor or Acting Governor may from to appoint. He may call upon the commanders of time to time designate an officer or employee of the armed forces of the United States in Guam, or the executive branch of the government of Guam summon the posse comitatus, or call out the militia, to act as secretary of Guam in case of a vacancy in to prevent or suppress violence, insurrection, or re- the office of secretary of Guam or the disability or bellion; and he may, in case of rebellion, invasion, temporary absence of the secretary of Guam or or imminent danger thereof, when the public safety while the secretary is acting as Governor, and the requires it, suspend the privilege of the writ of person so designated shall have all the powers of the habeas corpus, or place Guam, or any part thereof, secretary so long as such condition continues, except under martial law, until communication can be had for the power set forth in the first sentence of sec- with the President and the President's decision tion 1422a of this title. No additional compensation thereon communicated to the Governor. He shall shall be paid to any person acting as Governor or as annually, and at such other times as the President secretary under this chapter. (Aug. 1, 1950, ch. 512, or the Congress may require, make official report § 8, 64 Stat. 387; Mar. 16, 1962, Pub. L. 87-419, § 1, of the transactions of the government of Guam to 76 Stat. 34.) the head of the department or agency designated by AMENDMENTS the President under section 1421a of this title, and 1962-Pub. L. 87-419 provided for appointment of an his said annual report shall be transmitted by such acting secretary under certain conditions, prescribed the powers of such secretary and proscribed additional com- department or agency to the Congress. He shall pensation for an acting Governor or acting secretary. perform such additional duties and functions as may, in pursuance of law, be delegated to him by § 1422c. Executive agencies and instrumentalities. the President, or by the department or agency. (a) Appointment of heads; preferences in appoint- He shall have the power to issue executive regula- ments and promotions; educational and vocational tions not in conflict with any applicable law. The training; establishment of merit system. Governor may submit such recommendations for The Governor shall, except as otherwise provided the enactment of legislation to the legislature as he in this chapter or the laws of Guam, appoint, by shall consider to be in the people's interest. and with the advice and consent of the legislature, (c) The Governor shall coordinate and have gen- all heads of executive agencies and instrumentalities. eral cognizance over all activities of a civil nature In making appointments and promotions, preference of the departments, bureaus, and offices of the shall be given to qualified persons of Guamanian Government of the United States in Guam. (Aug. ancestry. With a view to insuring the fullest par- 1,1950, ch. 512, § 6, 64 Stat. 386.) ticipation by Guamanians in the government of

SUBMERGED LANDS, CONVEYANCE TO TERRITORY Guam, opportunities for higher education and Conveyance of submerged lands to the government or in-service training facilities shall be provided to Guam, see chapter 15 of this title. qualified persons of Guamanian ancestry. The § 1422a. Secretary of Guam; appointment and tenure; legislature shall establish a merit system and, as powers and duties. far as practicable, appointments and promotions The President shall appoint a Secretary of Guam, shall be made in accordance with such merit system. who shall have all the powers of the Governor in (b) Appointment and removal of officers; powers and the case of a vacancy in the office of Governor or duties of officer. the disability or temporary absence of the Gov- The Governor may appoint or remove any officer ernor. He shall have custody of the whose appointment or removal is not otherwise and shall countersign and affix such seal to all ex- provided for. All officers shall have such powers and ecutive proclamations and all other executive docu- duties as may be conferred or imposed on them by ments. He shall record and preserve the laws law or by executive regulation of the Governor enacted by the legislature. He shall promulgate all not inconsistent with any law. 36-500 O--65--vol. 10---41 § 1423 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 9128

(c) Reorganization. § 1423b. Determination of selection and qualification The Governor shall, from time to time, examine of members; officers; rules and procedure. the organization of the executive branch of the The legislature shall be the judge of the selection government of Guam, and shall determine and and qualification of its own members. It shall carry out such changes therein as are necessary choose from its members its own officers determine to promote effective management and to execute its rules and procedure, not inconsistent with this faithfully the purposes of this chapter and the chapter, and keep a journal. (Aug. 1, 1950, ch. laws of Guam. 512, § 12,64 Stat. 388.) (d) Continuation in office of incumbents. § 1423c. Privileges of members. All persons holding office in Guam on August 1, (a) The members of the legislature shall, in all 1950 may, except as otherwise provided in this chap- cases except treason, felony, or breach of the peace, ter, continue to hold their respective offices until be privileged from arrest during their attendance at their successors are appointed and qualified. (Aug. the legislature and in going to and returning from 1, 1950, ch. 512, § 9, 64 Stat. 387.) the same. (b) No member of the legislature shall be held to THE LEGISLATURE answer before any tribunal other than the legisla- § 1423. Composition of Legislature; general elections, ture itself for any speech or debate in the legislature. organization and sessions. (Aug. 1, 1950, ch.512, § 13, 64 Stat. 388.) The legislative power of Guam, except as otherwise provided in this chapter, shall be vested in a legis- § 1423d. Oath of office. lature which shall consist of a single house of not Every member of the legislature and all officers of to exceed twenty-one members to be elected at the government of Guam shall take the following large. General elections to the legislature shall be oath or affirmation: "I solemnly swear (or affirm) in the presence of held on the Tuesday next after the first Monday in Almighty God that I will well and faithfully support November, biennially in even-numbered years. The the Constitution of the United States, the laws of members of the legislature holding office on August the United States applicable to Guam and the laws 1, 1950, shall continue to serve as such until the of Guam, and that I will conscientiously and im- next election held in accordance with the laws of partially discharge my duties as a member of the Guam and until their successors have duly qualified. Guam Legislature (or as an officer of the government The legislature in all respects shall be organized of Guam)." (Aug. 1, 1950, ch. 512, § 14, 64 Stat. and shall sit acording to the laws of Guam in force 388.) on August 1, 1950, and as amended or modified after § 1423e. Prohibition against acceptance of salary it- such date. (Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387.) creases or newly created offices. § 1423a. Power of Legislature; limitation on indebted- No member of the legislature shall, during the ness of Guam; bond issues. term for which he was elected or during the year The legislative power of Guam shall extend to following the expiration of such term, be appointed all subjects of legislation of local application not to any office which has been created, or the salary inconsistent with the provisions of this chapter or emoluments of which have been increased during such term. (Aug. 1, 1950, ch. 512, § 15, 64 Stat. 388.) and the laws of the United States applicable to Guam. Taxes and assessments on property, internal § 1423f. Qualifications of members. revenues, sales, license fees, and royalties for fran- No person shall sit in the legislature who is not a chises, privileges, and concessions may be imposed citizen of the United States, who has not attained for purposes of the government of Guam as may be the age of twenty-five years and who has not been uniformly provided by the , and domiciled in Guam for at least five years imme- when necessary to anticipate taxes and revenues, diately preceding the sitting of the legislature in bonds and other obligations may be issued bv the which he seeks to qualify as a member, or who has government of Guam: Provided, however, That no been convicted of a felony or of a crime involving public indebtedness of Guam shall be authorized moral turpitude and has not received a pardon restoring his civil rights. (Aug. 1, 1950, ch. 512, or allowed in excess of 10 per centum of the aggre- § 16, 64 Stat. 388.) gate tax valuation of the property in Guam. Bonds or other obligations of the government of Guam § 1423g. Vacancies. payable solely from revenues derived from any pub- Vacancies occurring in the legislature shall be lic improvement or undertaking shall not be con- filled as the legislature shall provide, except that sidered public indebtedness of Guam within the no person filling a vacancy shall hold office longer meaning of this section. All bonds issued by the than for the remainder of the term for which his government of Guam or by its authority shall be predecessor was elected. (Aug. 1, 1950, ch. 512, exempt, as to principal and interest, from taxation § 17, 64 Stat. 388.) by the Government of the United States or by the § 1423h. Regular and special sessions. government of Guam, or by any State or Territory Regular sessions of the legislature shall be held or any political subdivision thereof, or by the District annually for a period or periods not to exceed in the of Columbia. (Aug. 1, 1950, ch. 512, § 11, 64 Stat. aggregate sixty calendar days, as the legislature may 387.) determine. Such sessions shall convene in Agana Page 9129 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1424 on the second Monday in January. The Governor bills providing for payments of the necessary current may convene the legislature in special session at expenses of the government and meeting its legal such time and place as he may deem it necessary obligations for the ensuing fiscal year, then the but no special session shall continue longer than several sums appropriated in the last appropriation fourteen days, and no legislation shall be considered bills for the objects and purposes therein specified, at such session other than that specified in the call so far as the same may be applicable, shall be therefor or in any special message by the Governor deemed to be reappropriated, item by item. to the legislature while in such session. All sessions (c) All appropriations made prior to August 1, of the legislature shall be open to the public. (Aug. 1950 shall be available to the government of Guam. 1, 1950, ch. 512, § 18, 64 Stat. 388.) (Aug. 1, 1950, ch. 512, § 20, 64 Stat. 389.)

§ 1423i. Approval of bills. § 1423k. Right of petition. Every bill passed by the legislature shall, before The legislature or any person or group of persons it becomes a law, be entered upon the journal and in Guam shall have the unrestricted right of peti- presented to the Governor. If he approves it, he tion. It shall be the duty of all officers of the govern- shall sign it, but if not he shall, except as herein- ment to receive and without delay to act upon or after provided, return it, with his objections, to the forward, as the case may require, any such petition. legislature within ten days (Sundays excepted) after (Aug. 1, 1950, ch. 512, § 21, 64 Stat. 389.) it shall have been presented to him. If he does not CROSS RErRNCEs return it within such period, it shall be a law in Petition for redress of grievances, see Const. Amend. 1. like manner as if he had signed it, unless the legis- lature by adjournment prevents its return, in which § 14231. Purchases. case it shall be a law if signed by the Governor The Territorial and local governments of Guam within thirty days after it shall have been presented are authorized to make purchases through the Gen- to him; otherwise it shall not be a law. When a bill eral Services Administration. (Pub. L. 88-356, title is returned by the Governor to the legislature with I, § 100, July 7, 1964, 78 Stat. 278.) shall enter his objec- his objections, the legislature CODIFICATION tions at large on its journal and proceed to recon- Section was enacted as a part of the Department of the sider it. If, after such reconsideration, two-thirds Interior and Related Agencies Appropriation Act, 1965, of the legislature agree to pass it, it shall be sent to and not as a part of the Organic Act of. Guam, which the Governor. If he then approves it, he shall sign comprises this chapter, Islands, American days transmit it to the Section, as it relates to the Virgin it; if not, he shall within ten Samoa, and the Trust Territory of the Pacific, is set out President of the United States. If fhe President of as sections 1401f, 1655, and 1682, respectively, of this the United States approves it, he shall sign it. If title. he shall not approve it, he shall return it to the SIMILAR PROVISIONS Governor so stating, and it shall not be a law. If Similar provisions were contained In the following prior he neither approves it nor disapproves it within appropriation acts: 1963-July 26, 1963, Pub. L. 88-79, title I, § 100, 77 ninety days from the date of transmittal to him by " Stat. 102. the Governor, it shall be a law in like manner as if 1962-Aug. 9, 1962, Pub. L. 87-578, title I, § 100, 76 he had signed it. If any bill presented to the Gov- Stat. 339. ernor contains several items of appropriation of 1961-Aug. 3, 1961, Pub. L. 87-122, title I, § 100, 75 Stat. 250. money, he may object to one or more of such items, 1960-May 13, 1960, Pub. L. 86-455, title I, § 100, 74 or any part or parts, portion or portions thereof, Stat. 112. while approving the other items, parts, or portions 1959-June 23, 1959, Pub. L. 86-60, title I, § 100, 73 of the bill. In such a case he shall append to the bill, Stat. 101. at the time of signing it, a statement of the items, 1958-June 4, 1958, Pub. L. 85-439, title I, § 100, 72 or parts or portions thereof, to which he objects, and Stat. 163. L. 85-77, title I, § 1, 71 Stat. the items, or parts or portions thereof, so objected 1957-July 1, 1957, Pub. 265. to shall not take effect. All laws enacted by the 1956--June 13, 1956, ch. 380, title I, § 101, 70 Stat. 264. legislature shall be reported by the Governor to the 1955-June 16, 1955, ch. 147, title I, § 1, 69 Stat. 149. head of the department or agency designated by 1954-July 1, 1954, ch. 446, title I, § 101, 68 Stat. 372. the President under section 1421a of this title, and 1953-July 31, 1953, ch. 298, title I, J 1, 67 Stat. 273. by him to the Congress of the United States, which 1952-July 9, 1952, ch. 597, title I, § 101, 66 Stat. 457. reserves the power and authority to annul the same. 1951-Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 263. If any such law is not annulled by the Congress of 1950-Sept. 6, 1950, ch. 896, ch. VII, title I, § 101, 64 Stat. 694. the United States within one year of the date of its receipt by that body, it shall be deemed to have THE JUDICIARY been approved. (Aug. 1, 1950, ch. 512, § 19, 64 § 1424. District Court of Guam; jurisdiction; appellate Stat. 389.) division; rules of procedure. (a) There is created a court of record to be des- § 1423j. Appropriations. ignated the '"District Court of Guam", and the judi- (a) Appropriations, except as otherwise provided cial authority of Guam shall be vested in the Dis- in this chapter, and except such appropriations as trict Court of Guam and in such court or courts as shall be made from time to time by the Congress of the United States, shall be made by the legislature. may have been or may hereafter be established by (b) If at the termination of any fiscal year the the laws of Guam. The District Court of Guam legislature shall have failed to pass appropriation shall have the jurisdiction of a district court of the § 1424a TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 9130

United States in all causes arising under the Con- for the government", and "United States attorney", as stitution, treaties, and laws of the United States, used in the Federal Rules of Criminal Procedure, when applicable regardless of the sum or value of the matter in con- to cases arising under the laws of Guam. troversy, shall have original jurisdiction in all other EFFECTIVE DATE OF 1954 AMENDMENT causes in Guam, jurisdiction over which has not Section 2 of act Aug. 27, 1954, provided that the amend- been transferred by the legislature to other court ment of subsec. (b) of this section by section 1 of that act shall be deemed to be in effect August 1, 1950. or courts established by it, and shall have such ap- pellate jurisdiction as the legislature may deter- SEPARABILITY OF PROVISIONS mine. The jurisdiction of and the procedure in the Section 4 of act Aug. 27, 1954, provided: "If any partic- ular provision of this Act courts of Guam other than the District Court of [which amended this section and which enacted other provisions set out as notes Guam shall be prescribed by the laws of Guam. under this section], or the application thereof to any Appeals to the District Court of Guam shall be person or circumstances, is held invalid, the remainder heard and determined by an appellate division of of the Act and the application of such provision to other persons or circumstances shall not be affected thereby." the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed NONREVERSAL OF CONVICTIONS PRIOR TO AUGUST 27, 1954 for the court by the President shall be the presid- Section 3 of act Aug. 27, 1954, provided: "No conviction ing judge of the appellate division and shall preside of a defendant in a criminal proceeding in the District Court of Guam heretofore had shall be reversed or set therein unless disqualified or otherwise unable to aside on the ground that the defendant was not indicted act. The other judges who are to sit in the appel- by a grand jury or tried by a petit jury." late division at any session shall be designated by § 1424a. Repealed. Oct. 31, 1951, ch. 655, § 56 (e), 65 the presiding judge from among the judges as- Stat. 729. signed to the court from time to time pursuant to Section, act Aug. 1, 1950, ch. 512, § 23, 64 Stat. 390, section 1424b(a) of this title. The concurrence of related to appeals from the District Court of Guam to two judges shall be necessary to any decision by the United States Court of Appeals for the Ninth Circuit, the District Court of Guam on the merits of an ap- and to the United States Supreme Court, and is now covered by sections peal but the presiding judge alone 41, 1252, 1291, 1292 and 1294 of Title may make any 28, Judiciary and Judicial Procedure. appropriate orders with respect to an appeal prior to the hearing and determination thereof on the SAVINGS CLAUSE merits and may dismiss an appeal for want of juris- Subsec. (1)of section 56 of act Oct. 31, 1951, provided that the repeal of that section shall not affect any rights diction or failure to take or prosecute it in accord- or liabilities existing hereunder on the effective date of ance with the applicable law or rules of procedura that repeal (Oct. 31, 1951). (b) The rules heretofore or hereafter promul- gated and made effective by the Supreme Court of § 1424b. Judge of District Court; appointment, tenure, and compensation; appointment of United States the United States pursuant to section 2072 of Title attorney and marshal; applicability of laws. 28, in civil cases; section 2073 of Title 28, in admi- (a) The President shall, by and with the advice ralty cases; sections 3771 and 3772 of Title 18, in and consent of the Senate, appoint a judge for the criminal cases; and section 53 of Title 11, in bank- District Court of Guam who shall hold office for the ruptcy cases; shall apply to the District Court of term of eight years and until his successor is chosen Guam and to appeals therefrom; except that no and qualified unless sooner removed by the Presi- provisions of any such rules which authorize or re- dent for cause. The judge shall receive a salary quire trial by jury or the prosecution of offenses by payable by the United States which shall be at the indictment by a grand jury instead of by informa- rate prescribed for judges of the United States dis- tion shall be applicable to the District Court of trict courts. Guam unless and until made so applicable by laws The Chief Judge of the Ninth Judicial Circuit of enacted by the Legislature of Guam, and except the United States may assign a judge of the Island further that the terms "attorney for the govern- Court of Guam or a judge of the High Court of the ment" and "United States attorney", as used in the Trust Territory of the Pacific Islands or a circuit Federal Rules of Criminal Procedure, shall, when or district judge of the ninth circuit, or the Chief applicable to cases arising under the laws of Guam, Justice of the United States may mean the Attorney General of Guam or such other assign any other person or persons as may be authorized by the laws United States circuit or district judge with the con- of Guam to act therein. (Aug. 1, 1950, ch. 512, § 22, sent of the judge so assigned and of the chief judge 64 Stat. 389; Aug. 27, 1954, ch. 1017, § 1, 68 Stat. of his circuit, to serve temporarily as a judge in the 882; June 4, 1958, Pub. L. 85-444, §§ 1, 2, 72 Stat. District Court of Guam whenever it is made to ap- 178, 179.) pear that such an assignment is necessary for the AMENDMENTS proper dispatch of the business of the court. 1958-Subsec. (a). Pub. L. 85-444 provided that the (b) The President shall appoint, by and with the District Court of Guam shall have jurisdiction in all advice and consent of the Senate, a United States causes arising under the Constitution, treaties, and laws of the United States, regardless of the sum or value of attorney and United States marshal for Guam to the matter in controversy, and to insert the paragraph whose offices the provisions of chapters 31 and 33 of requiring appeals to the District Court to be heard and Title 28, respectively, shall apply. determined by an appellate division. 1954-Subsec. (b). Act Aug. 27, 1954, added provisions (c) The provisions of chapters 43 and 49 of Title making it clear that trial by jury or the prosecution of 28 shall apply to the District Court of Guam. (Aug. offenses by indictment by a grand jury instead of by 1, 1950, ch. 512, § 24, 64 Stat. 390; Oct. 31, 1951, ch. information shall not be required in the District Court of Guam until so required by laws enacted by the 655, § 55 (a), 65 Stat. 728; June 4, 1958, Pub. L. Legislature of Guam; and defining the terms "attorney -85-444, § 3, 72 Stat. 179.) Page 9131 TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS § 1425b

AMENDMENTS sioner is authorized to insure the mortgage (includ- 1958--Subsec. (a). Pub. L. 85-444 increased the term ing advances thereon where otherwise authorized), of office from four to eight years, substituted provisions and to make commitments for the insuring of requiring the salary of the judge to be at the rate pre- any scribed for judges of the United States district courts for such mortgages prior to the date of their execution provisions which required the salary of the Judge to be or disbursement thereon, under such provisions (and the same as salary of the Governor of Guam, and inserted this section) without regard to any requirement that provisions permitting the Chief Judge of the Ninth the mortgagor shall be the owner and occupant of Circuit to make temporary assignments. 1951--Subsec. (a). Act Oct. 31, 1951, in second sen- the property or shall have paid a prescribed amount tence, struck out ", and shall be entitled to the benefits on account of such property. Without limiting the of retirement provided in section 373 of Title 28". authority of the Commissioner under any other Subsec. (c). Act Oct. 31, 1951, struck out references provision of law, the Commissioner is authorized, to chapters 21, 41 and 57 of Title 28. with respect to any mortgagor in such case (except CROSS REFERENCES where the Alaska Housing Authority is the mort- Compensation of district court judges, see section 135 gagor or mortgagee), to require the mortgagor of Title 28, Judiciary and Judicial Procedure. Court officers and employees, general provisions ap- to be regulated or restricted as to rents or sales, plicable to, see chapter 57 of Title 28, Judiciary and charges, capital structure, rate of return, and Judicial Procedure. methods of operation to such an extent and in General provisions applicable to courts and judges, see such manner as the Commissioner determines ad- chapter 21 of Title 28, Judiciary and Judicial Procedure. visable Provisions relating to Administrative Office of the to provide reasonable rentals and sales prices United States Courts, applicability to District Court of and a reasonable return on the investment. (June Guam, see section 610 of Title 28, Judiciary and Judicial 27, 1934, ch. 847, § 214, as added Apr. 23, 1949, ch. Procedure. 89, § 2 (a), 63 Stat. 67, and amended July 14, 1952, ch. 723, § 10 (a) (3), 66 Stat. 603; June 30, 1953, ch. PUBLIC HOUSING AND URBAN RENEWAL 170, § 25 (c), 67 Stat. 128.) § 1425. Mortgage insurance on housing projects or CODIFICATION property; conditions and limitations. Section is comprised of section 214 of act June 27, 1934, If the Federal Housing Commissioner finds that, as added by section 2 (a) of act Apr. 23, 1949. Similar because of higher costs prevailing in Guam, it is not provisions relating to Alaska and Hawaii are set out as feasible to construct dwellings on property located sections 484d and 723 of this title, and the section, in its complete form, embracing Alaska, Guam, and Hawaii, is in Guam without sacrifice of sound standards of set out as section 1715d of Title 12, Banks and Banking. construction, design, or livability, within the limi- See Codification note under section 484d of this title. tations as to maximum or maxima mortgage AMENDMENTS amounts provided in chapter 13 of Title 12, the 1953-Act June 30, 1953, substituted, in fourth Commissioner may, by regulations or otherwise, pre- sentence, "Upon application by the mortgagee (1) where scribe, with respect to dollar amount, a higher max- the mortgagor is regulated or restricted pursuant to the imum for the principal obligation of mortgages in- last sentence of this section or (2)" for "Upon application by the mortgagee,"; and added sentence beginning "With- sured under chapter 13 of Title 12 covering property out limiting the authority". located in Guam, in such amounts as he shall find 1952-Act July 14, 1952, made the provisions applicable necessary to compensate for such higher costs but to Guam (see Codification note above), and inserted "or not to exceed, in any event, the maximum or max- maxima" following "maximum". ima otherwise applicable by more than one-third § 1425a. Legislative authority to create authorities; thereof. No mortgage with respect to a project or appointment of members; powers of authorities. property in Guam shall be accepted for insurance The Legislature of Guam may by law grant to a under chapter 13 of Title 12 unless the Commissioner public corporate authority, existing or to be created finds that the project or property is an acceptable by or under such law, powers to undertake urban risk, giving consideration to the acute housing short- renewal and housing activities in Guam. Such leg- age in Guam: Provided, That any such mortgage islature may by law provide for the appointment, may be insured or accepted for insurance without re- terms of office, or removal of the members of such gard to any requirement in any other section of authority and for the powers of such authority, in- chapter 13 of Title 12 that the Commissioner find the cluding authority to accept whatever benefits the project or property to be economically sound or an Federal Government may make available, and to do acceptable risk. Nowithstanding I any of the provi- all things, to exercise any and all powers, and to sions of chapter 13 of Title 12 or any other law, the assume and fulfill any and all obligations, duties, Government of Guam or any agency or instrumen- responsibilities, and requirements, including but not tality thereof shall be eligible as mortgagor or mort- limited to those relating to planning or zoning, nec- gagee, as the case may be, for any of the purposes of essary or desirable for receiving such Federal assist- mortgage insurance under the provisions of chapter ance, except that such authority shall not be given 13 of Title 12. Upon application by the mortgagee any power of taxation, nor any power to pledge the (1) where the mortgagor is regulated or restricted faith and credit of the territory of Guam for any pursuant to the last sentence of this section or (2) loan whatever. (Pub. L. 88-171, § 1, Nov. 4, 1963, where the Government of Guam or any agency or 77 Stat. 304.) instrumentality thereof is the mortgagor or mort- § 1425b. Issuance of notes, bonds, gagee, for the insurance of a mortgage under any and obligations. provisions of chapter 13 of Title 12, the Commis- The Legislature of Guam may by law authorize such authority, any provision of the Organic Act of 1 So in original. Probably should read "Notwith- Guam, or any other Act of Congress to the contrary standing". notwithstanding, to borrow money and to issue § 1425c TITLE 48.-TERRITORIES AND INSULAR POSSESSIONS Page 9132 notes, bonds, and other obligations of such character Trust Territory, and is now set out as section 1682 of this and maturity, with such security, and in such man- title. Act June 31, 1954, ch. 423, § 1, set out as a note un- der this section, and which related to ner as the legislature may provide. Such continuance of civil notes, government for the Trust Territory, is now set out as sec- bonds, and other obligations shall not be a debt of tion 1681 of this title. Section 2 of that act, which pro- the United States, or of Guam other than such vided for annual appropriation authorization, is set out authority, nor constitute a debt, indebtedness, or the as a note under section 1681 of this title. Section 1436, act July 9, 1952, ch. 597, title I, § 101, 66 borrowing of money within the meaning of any Stat. 458, related to auditing transactions of Pacific Trust limitation or restriction on the issuance of notes, Territory, and is now set out as section 1683 of this title. bonds, or other obligations contained in any laws of Section 1437, act July 9, 1952, ch. 597, title I, § 101, 66 the United States applicable to Guam or to any Stat. 458, related to expenditure of funds for administra- tion of Pacific Trust Territory, and is now set out as agency thereof. (Pub. L. 88-171, § 2, Nov. 4, 1963, section 1684 of this title. 77 Stat. 304.) Section 1438, act July 9, 1952, ch. 597, title I, § 108, 66 REFERENCES IN TEXT Stat. 460, related to transfer of property or money for The Organic Act of Guam, referred to in the text, is administration of Pacific Trust Territory, and is now set classified to sections 1421-1421f, 1421g-14211, 1422- out as section 1685 of this title. 1423k, 1424 and 1424b of this title. Section 1439, act July 31, 1953, ch. 298, title I, § 1, 67 Stat. 274, related to approval by Congress of new activity § 1425c. Authorization of loans, conveyances, etc. in Pacific Trust Territory, and is now set out as section 1686 of this title. The Legislature of Guam may by law assist such Section 1440, Pub. L. 85-77, title I, § 1, July 1, 1957, 71 authority by furnishing, or authorizing the furnish- Stat. 266, related to expenditure of appropriations for ing of, cash donations, loans, conveyances of real Pacific Trust Territory for aircraft and surface vessels, and and personal property, facilities, and services, and is now set out as section 1687 of this title. otherwise, and may by law take other action in aid Chapter 10.-TERRITORIAL PROVISIONS OF A of urban renewal or housing or related activities. (Pub. L. 88-171, § 3, Nov. 4, 1963, 77 Stat. 304.) Sec. GENERAL NATURE 1451. Rights of Indians not impaired; boundaries. § 1425d. Ratification of prior act. 1452. Regulation of Indians. Each and every part of Public Law 6-135, approved 1453. Executive power. 1453a. Same; establish temporarily Judicial districts December 18, 1962, heretofore enacted by the Legis- and assign Judges. lature of Guam dealing with any part of the subject 1454. Secretary. matter of sections 1425a-1425e of this 1455. Same; duties. title and not 1456. Repealed. inconsistent therewith is ratified and confirmed. 1457. Extra compensation to officers. (Pub. L. 88-171, § 4, Nov. 4, 1963, 77 Stat. 304.) 1458. Other officers. 1459. Vacancies, how filled. § 1425e. Additional powers. 1460. Qualification of voters; holding office. 1460a. Members of legislature; restrictions. Powers granted herein shall be in addition to, and 1461. Same; bigamist. not In derogation of, any powers granted by other 1462. Subordinate officers of legislature. law to, or for the benefit or assistance of, any public 1463. Chancery and common-law Jurisdiction. 1463a. Supreme Court; Justices; appointment and tenure corporate authority. (Pub. L. 88-171, § 5, Nov. 4, of office. 1963, 77 Stat. 304.) 1464. Same; exercise under codes. 1465. Oath of office. § 1426. Repealed. Aug. 2, 1954, ch. 649, title II, § 205, 1466. Commencement of salaries of officers. 68 Stat. 622. 1467. Fees. Section, acts Apr. 23, 1949, ch. 89, § 2 (b), 63 Stat. 58; 1468. Salary not paid when officer absent. June 30, 1953, ch. 170, § 25 (b), 67 Stat. 128, related to 1469. Accounts and disbursements 6f Territories. purchase of insured mortgage loans by the Federal Na- 1470. Annual expense appropriation not to be exceeded. tional Mortgage Association, with respect to property in 1470a. Availability of appropriations for aircraft and Guam. surface vessels. 1471. Local or special laws. Chapter 9.-SAMOA, TUTUILA, MANUA, SWAINS 1472. Indebtedness of municipal corporations. ISLAND, AND TRUST TERRITORY OF THE PA- 1473. Authorizing debt; limitation of total Indebt- CIFIC ISLANDS edness. 1474. Creating new counties and locating county seats. N 1431-1440. Transferred. 1475. Subscribing to stock of corporation. Section 1431, act Mar. 4, 1925, ch. 563, 43 Stat. 1357, 1476. Bonds of municipal corporations; for sanitary related to sovereignty of United States extended over purposes. Swains Island, and is now set out as section 1662 of this 1477. Same; erection of city buildings and purchase of title. sites. Section 1431a, acts Feb. 20, 1929, ch. 281, 45 Stat. 1478. Power of Congress to annul laws of legislatures. 1253; May 22, 1929, ch. 6, 46 Stat. 4, related to islands of 1479. Subsequent acts of legislatures in conflict with Tutuila, Manua, and Eastern Samoa, and is now set out certain sections void. as section 1661 of this title. 1480. Section 1432, act June 28, 1906, ch. 3585, 34 Stat. 552, Right of religious corporations to hold real estate. related to acknowledgment of deeds in the islands of 1480a. Same; real estate necessary for use of congre- Somoa, and is now set out as section 1663 of this title. gations. Section 1433, act June 14, 1934, ch. 523, 48 Stat. 963, 1480b. Same; application to Alaska. related to inapplicability of coastwise shipping laws to 1481. Convicts; care and custody. Samoa, and is now set out as section 1664 of this title. 1482. Penitentiaries. Section 1434, act July 9, 1952, ch. 597, title I, § 101, 66 1483. Same; rules and regulations. Stat. 457, related to purchases by governments of Samoa, 1484. Same; expenses. and is now set out as section 1665 of this title. 1485. Same; imprisonment. Section 1435, act July 9, 1952, ch. 597, title I, § 101, 66 1486. Repealed. Stat. 458, related to purchases by governments of Pacific 1487. Extraordinary sessions.