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United States Code: Guam, 48 U.S.C. §§ 1421-1426 (1964)

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United States Code: Guam, 48 U.S.C. §§ 1421-1426 (1964) § 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 Guam; 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 Repealed. 1424b.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 government of Guam 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.
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