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Dismissal Procedure Upheld Draff consf/fufion sets 1985 Ponope elections KOLONIA, Ponape A draft cons- other hazardous materials. '">'•> draft that have not done through second titution which would shorten the terms The draft document was completed reading in plenary session," Falcam said, of office for the present governor and by the Style and Transition Committee noting that he instructed the convention next legislature will be presented to the on Nov. 21. The convention was recessed staff to include them in draft to be sub- Ponape State Constitutional Convention in October for the Nov. 11 legislative ject to approval on second reading when for final approval when it is reconvened elections. the convention is reconvened. on Jan. 9, according to convention Falcam said that he would call the The articles subject to second reading Chairman Leo A. Falcam. convention back into plenary session on are: V, Tradition and Traditional Leaders; The draft also would establish a coun- Jan. 9, and that he hopes to complete IX, Judiciary; XI, Conservation, Develop- cil of the highest traditional leaders to action on the final draft with a signing ment and Land, and XVI, Transition, advise the government and would pro- ceremony on Jan. 14. according to Falcam. hibit the introduction of nuclear and "There are several proposals in the (Continued on page 2) The National Union ttetfp AN OFFICIAL PUBLICATION FOR THE PEOPLE AND THE STATES OF THE FEDERATED STATES OF MICRONESIA Volume 4 Kolonia, Ponape, November 30, 1983 Number 22 Dismissal Procedure Upheld KOLONIA, Ponape - In its first case determining the constitutionality of a Congress law, the FSM Supreme Court upheld a provision of the National Pub- lic Service System Act allowing a manage- ment official to make the final dismissal decision. It first determined that it has authori- ty to review Acts of Congress for cons- titutional! ty. BELATED BIRTHDAY CELEBRATION - President Tosiwo Nakayama is cutting In a separate decision, the court the cake while First Lady Miter Nakayama looks on during belated celebration found that a fighting and drunken defen- Nov. 25 of his 52nd birthday by his cabinet in the President's Conference Room. dant taken into police custody of Ponape Nakayama turned 52 on Nov. 23 while visiting Truk. , State Prison committed the national code crime of escape by fleeing from a state police car while being transported from the police station to the Ponape (Continued on page 7) Truk proposes police academy MOEN, Truk - Resolutions to estab- Nakayama to increase local revenues \lnside.... | lish a Micronesian Police Academy here which is pending in the FSM Congress. and make the Truk State Hospital the Seven resolutions were adopted during FSM stamp issue seen Federated States medical referral center the conference which was attended by were approved during a Truk state the President; FSM Senators Raymond (See page 3) government leadership conference held Nov. 21-23 in the Continental Hotel. Setik, Jack Fritz and Koichi Sana; Gov. Erhart A ten; State Legislature Speaker Skills program planned The conference also approved a reso- Kisande Sos, and State Court Chief (See page 8) lution supporting the tax revision meas- ure proposed by President Tosiwo (Continued on page 3) I(U Draft constitution sets 7985 Ponape elections S (Continued from page 1) ;; •••• ; ''V.L, The current legislature amended the weapons, power plants and waste materi- The present draft was sent to Hono- Constitutional Convention Act to move als in the state and directs the legislature lulu for review by attorney Alan Burdick the referendum from Nov. 11 to July 2, to enact statutes to control harmful and University of Hawaii political science 1984, to allow for completion of the substances not listed above. I Professor Norman Meller, who served as draft, after the convention requested Article IX on the Judiciary changes Z consultants to the convention. Burdick that it be delayed until March. the name of the Ponape State Court to is to return Dec. 4 to Ponape with the The proposed transition provision the Pohnpei State Supreme Court headed O draft to meet with the Style and Transi- states that it is to go into effect upon by a State Supreme Court Chief Justice, Z tion Committee. certification of its ratification by the with not more than four associate justices The Transition article states that the governor, who would have up to 15 days with 12-year terms. It provides that election date for the legislature members, after the referendum to certify it. inferior courts and adjudicatory bodies governor and lieutenant governor under The article on tradition, states that may be established by law. oZ the Constitution shall be held in 1985. there shall be a "Mwoalen Wahu," or The article on Conservation, Develop- Other articles set the second Tuesday Council of High Chiefs, consisting of the ment and Land states that there shall in November every four years as the nahnmwarki and nahnken, or two com- parable traditional leaders from each be an overall State Master Economic general election date for all elective Development Plan to be established by offices and the following Jan. 3 as the "wehi," or kingdom. statute. A five-year development plan date they take office. The Mwoalen Wahu would act as the was drafted under the current adminis- Gov. Resio Moses was elected to a honorary joint head of state, would give tration to be part of the FSM National four-year term in a runoff race with advice on all major issues in the state Development Plan required by the Falcam on March 29, following the March government, would assist in upholding Compact of Free Association with the 8 gubernatorial election. Moses took the customs and traditions of Pohnpei United States. office on May 1, under provisions of the in the system of law and would be funded The article also prohibits lease of land state charter. by state government law. for indefinite periods, and states that all Elections were held Nov. 11 for mem- Article XII on Education, Health and existing indefinite use agreements would bers of the Third Ponape State Legisla- Public Safety prohibits the introduction, become void five years after the effect- ture and they are to take office on Jan. 3 storage, use, testing and disposal of ive date of the Constitution. It calls for under the charter. nuclear, chemical, gas and biological the state government to notify the municipalities within three years what Guilty plea entered in beating death public land is being used and make un- used land available for private use KOLONIA, Ponape - Edwin Etpison, water, according to the records. through homesteading. a Palauan residing in Kosrae, pleaded The body was discovered about noon The proposed draft has a preamble guilty on Nov. 1 before FSM Supreme Aug. 27 and taken to the Kosrae State and articles on territory and jurisdiction; Court Chief Justice Edward King to man- Hospital where Dr. Rudy Yuchongio supremacy; citizenship; fundamental slaughter in the Aug. 27 beating death of performed an autopsy and determined rights; suffrage and elections; the legis- Larson J. Abraham, a fellow construction that the death was due to brain damage. lative branch; the executive; taxation and worker. Ngirachareang and Ichiro were given public finance; general provisions; local The FSM Attorney General's Office immunity by the prosecutors to provide government, and constitutional amend- will ask for the maximum sentence of testimony against Etpison. ments. 10 years in prison for manslaughter The charge against Etpison was reduced The territory and jurisdiction article under the National Criminal Code when from murder to manslaughter by the states that the state would comprise all Etpison is sentenced Jan. 17 by King. government because there was no direct lands, reefs, waters, airspace and subsoil Etpison went drinking with Abraham, evidence, other than the statements of belonging to the state within the FSM at a Kosraen, and Ronny Ngirachareang, a the two companions, and a confession the time the Constitution goes into Palauan, about 9 p.m. Aug. 26. They by Etpison which was considered inad- effect. picked up Uchel Ichiro, another Palauan, missable in court, an official of the The fundamental rights article has at the Sterling Skilling Hotel at 1 a.m. Attorney General's Office said. 22 sections, including one barring the Aug. 27, drank until about 2 a.m. and There will be no appeal of the convic- death penalty. then went to the end of the construc- tion or sentence, due to the guilty plea, Members of the legislative must be tion on the cross-island road to the new officials said. at least 25 years old and residents of Kosrae airport. Ponape for 25 years. Persons convicted There the victim passed out from Voc 09 funds available of a felony are ineligible, members drinking and Etpison pulled him out of KOLONIA, Ponape - The FSM Con- cannot hold other public offices and the pickup truck they were using and gress made available $30,000 for the salary increases for the legislature will beat him with a rock until he was dead, fiscal 1984 Vocational Agriculture Grant not apply during the term of office according to records in the Attorney Program, and applications must be sub- enacted. General's Office, while the two other mitted by Jan. 1 for the funds, accor- The governor and lieutenant gover- Palauans watched without participating. ding to Deputy Education Chief Weldis nor are to be elected on separate tickets, One reportedly tried to get Etpison to J. Welley. as opposed to Truk and Yap; must be at stop the beating. Application forms may be requested least 35 years old; must be legal residents Etpison threatened his companions from the Chief of Education, Social of the state for at least 35 years and with a knife and told them to help him Services Department, FSM National reside in the state at least 10 years dispose of the body.
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