TO PROVIDE A CIVIL GOVERNMENT FOR THE VIRGIN ISLANDS OF THE UNITED STATES JOINT MEETING OF THE COMMITTEE ON TERRITORIES AND INSULAR AFFAIRS OF THE SENATE AND COMMITTEE ON Thursday, January 19, 1933. The joint meeting of the committees was called at 10 o'clock a. m., Hon. Hiram Bingham (chairman) presiding. The CHAIRMAN. Gentlemen, this hearing before the respective committees of the Senate and the House dealing with insular affairs, has been called for the purpose of hearing testimony regarding a new organic act for the Virgin Islands. A bill (S. 5227) was introduced by me in the Senate at the request of Governor Pearson, who unfortunately is ill in the hospital and unable to be present this morning. A draft for an organic act has been sent me by the Secretary of the Interior and will be introduced in the Senate to-day, and printed and ready for the next meeting of this committee. Mr. HARE. Mr. Chairman, may I ask whether it will be necessary to introduce a similar bill in the House, for the purpose of using it as a basis for legislation? The CHAIRMAN. In view of this being a joint hearing, I think it would be wise to have before us both Senate and House bills. I think perhaps it would be helpful if I read Secretary Wilbur's letter to the committee, at this point, so as to bring the whole matter before us. Then we will call upon representatives of the colonial councils of the Virgin Islands to make such comment as they wish on the situation and on the bill which has been introduced. This letter is dated January 17, and is as follows: Hon. HIRAM BINGHAM, Chairman Committee on Territories and Insular Affairs, MY DEAR SENATOR BINGHAM: In connection with the proposed legislation to provide a civil government for the Virgin Islands of the United States, and pursuant to your request of December 8, 1932, I have the honor to transmit herewith a draft of bill for that purpose. It is respectfully submitted for your consideration and for such alterations as may be deemed appropriate. This draft contains much of the substance of the draft heretofore prepared and submitted directly by Governor Pearson, and introduced as S. 5227, but the subject matter has been largely rearranged, new provisions have been added, and certain parts of the former draft have been omitted. The plan here offered has been carefully worked out in cooperation with Governor Pearson and Lieutenant Governor Cramer and with the aid of the officials in the department most conversant with the affairs of the Virgin Islands. The salient features of the bill may be summarized as follows: 1. It furnishes an organic act containing the fundamental law in compact form. 2. For the most part it retains the present working structure of government 3. It removes the present property qualification required of voters and the required attainment of 25 years of age, and extends the right of suffrage to all resident citizens, 21 years of age or over who are able to read and write the English language, effective after the next election in 1933. 4. It provides for election of all of the members of the municipal councils by the qualified voters, whereas, under present law, nearly one-third of them are appointed by the Governor. 5. It provides for joint sessions of the two municipal councils to consider matters of common concern. 6. It provides equitable apportionment of representation in the councils, based on population of the several districts; and, based on present population, the number of members would be reduced approximately one-half. 7. It provides for a suspensive veto power in the governor, subject to the action of the President, instead of an absolute veto. 8. The local government is given power to alter local tax laws now fixed permanently by the act of March 3, 1917. 9. It retains the present free exchange of domestic products between the United States and the said islands. 10. It retains the present status of Federal statutes which do not apply in the said islands unless expressly so provided, but any amendment of a Federal statute which has been extended to the islands would apply there unless expressly provided otherwise. 11. It authorizes changes in existing law, except as otherwise restricted in the bill. 12. It more clearly defines the jurisdiction of the police courts and the district court. Some of the reasons which in my judgment afford justification for the proposed legislation are the following: After 15 years, the government of the Virgin Islands is still "the temporary Government of the Danish West Indies, acquired by the United States," operated under the act of March 3, 1917, which was enacted immediately prior to the outbreak of hostilities between the United States and Germany. The Recommendations have been made by numerous investigators to the effect that a permanent government act should be enacted for those islands. latest of these investigators making such a recommendation was Mr. Herbert D. Brown, Chief of the Bureau of Efficiency. It is submitted that the so-called temporary government act of March 3, 1917, is open to various interpretations, especially in sections 1 and 2, which read (in part) as follows: * * "Except as hereinafter provided, all military, civil, and judicial powers necessary to govern the West Indian Islands acquired from Denmark shall be vested in a governor and in such person or persons as the President may appoint And, "That until Congress shall otherwise provide, in so far as compatible with the changed sovereignty and not in conflict with the provisions of this act, the laws regulating elections and the electoral franchise as set forth in the code of laws published at Amalienborg the 6th day of April, 1906, and the other local laws, in force and effect in said islands on the 17th day of January, 1917, shall remain in force and effect in said islands. * * * With the approval of the President or under such rules and regulations as the President may prescribe, any of said laws may be repealed, altered, or amended by the colonial council having jurisdiction." Even with the uncertainties existing under this language, a relatively welldefined division of authority between the executive branch and the legislative branch has developed by custom. Only very infrequently has there been raised any question of importance concerning jurisdiction. At the same time, it is deemed desirable to fix definite and known limits to the powers and duties of each of the branches of government. Because of the property qualifications, and other qualifications relating to the suffrage, only 1 out of 22 of the population can qualify as a voter. Under the present law there is one council member for every 30 voters, or one for every 700 of the population. Under the proposed draft, the St. Croix Colonial Council will probably be composed of 9 members, and the St. Thomas and St. John Colonial Council of 7 members, on the basis of 1 member for each 1,500 of the population. At present, representation is inequitably apportioned. St. John, for example, with 26 qualified voters, has 2 members in council, and Fredericksted country district, with 46 voters, has 4 members in council. Under the proposed draft, St. John would be entitled to one member and Fredericksted country district to not more than two. St. Croix and St. Thomas are divided by 40 miles of water. Despite the locally emphasized economic and political differences between them, they have many political interests in common. The proposed draft provides for at least one joint session between the two colonial councils each year, in which matters of common interest may be presented for action. At present, by presidential order, the governor has absolute veto over whole measures or parts of measures, either money bills or other ordinances. The proposed draft provides for a suspensive veto by the governor, subject to final decision by the President, in case the legislature repasses a bill over the governor's veto, and item veto only for money bills. By the act of March 3, 1917, the tax and customs laws then in force and effect in the Virgin Islands were continued in force and the local legislative power was denied the right to make alterations reducing them or removing them. Many of these tax laws are archaic and inequitable and their retention by congressional act has prevented the adoption of more equitable laws. The proposed act provides that the body of laws and ordinances developed during the history of the islands shall remain in force, except such as are in conflict with this act, subject to such amendments as may be made under the authority granted in the proposed act. Several drafts of an organic act for the Virgin Islands have been drawn up. One was introduced in the Sixty-ninth Congress, first session, in the House, in March, 1926. Hearings were held on this bill. A committee of five members of the Colonial Council of St. Croix was sent by that body to represent its views before Congress. During the same session a draft of organic act was introduced in the Senate and hearings were held on this bill also. No action was then taken on these measures. Since July, 1931, committees of the legislative bodies of the municipalities of St. Croix and of St. Thomas and St. John have had under consideration the terms of an organic act for the Virgin Islands. The colonial council of the municipality of St. Croix has appointed two delegates to represent the views of that body before the Congress. The choice of the colonial council in selecting delegates is particularly fortunate because those elected to be present at the hearings were members of the committee which, after ardous and unremunerated labors, reported a draft of an organic act to the Colonial Council of St. Croix, which is the basis of S. 5227, now before the joint congressional committee. The Colonial Council of St. Thomas and St. John has passed the attached resolution with reference to this organic act, praying that action be deferred concerning it. At an informal meeting, held in November, 1932, with some of the members of the Colonial Council of St. Thomas and St. John, the organic act was discussed and changes and recommendations were suggested by individual members. The recommendations thus made, and the recommendations made by the Colonial Council of St. Croix, have been considered in the preparation of the draft of organic act submitted herewith. The objectives sought in drafting the organic law now transmitted were to establish a liberal and representative form of government in the Virgin Islands consonant with American ideals, while, at the same time, continuing many of the desirable institutions already existing there as a result of many generations of political development, and to permit as wide a local autonomy as paramount national interests warrant. It is anticipated that the grant of greater powers to the local government will lead to the assumption of greater responsibility by that government and that the grant of wider political rights will lead to the development of more widespread civic consciousness, especially because the population of the Virgin Islands possess a relatively high degree of literacy and because of its peace-loving characteristics. Sincerely, RAY LYMAN WILBUR. The resolution to which the Secretary refers is as follows: Whereas it has come to the knowledge of the Colonial Council of St. Thomas and St. John that a bill, entitled "A bill to provide a permanent government for the Virgin Islands of the United States, and for other purposes,' a copy of which is attached hereto, will be laid before the joint committee of Congress, for which hearings have been fixed for January 4, 1933; and Whereas said bill is not the work of a joint committee of the colonial councils in accordance with paragraph 42 of the colonial law confirmed by act of Congress of March 3, 1917; and Whereas the Colonial Council of St. Thomas and St. John has not been given sufficient time to consider the draft of an organic act above mentioned; and Whereas the people of the Virgin Islands have not been given an opportunity to read and consider said draft; and Whereas the Colonial Council of St. Croix and the Colonial Council for St. Thomas and St. John have not jointly arrived at a decision on the form and substance of a new organic act for the Virgin Islands: Now, therefore, be it Resolved, That the Congress of the United States be petitioned, and is hereby petitioned, to defer action on an organic act for the Virgin Islands until such time as the expressions of the colonial councils on the question can be presented to the Congress. Thus passed by the Colonial Council for St. Thomas and St. John at the extraordinary meeting held the 29th day of December, 1932. V. A. CHRISTENSEN. Chairman. I should like to place in the record at this point a letter from Governor Pearson to me forwarding a copy of a letter from Governor Pearson to Hon. V. A. Christensen, chairman of the Colonial Council of St. Thomas and St. John, Virgin Islands. (The documents referred to are as follows:) Hon. HIRAM BINGHAM, United States Senate. JANUARY 11, 1933. MY DEAR SENATOR BINGHAM: I have received for approval or disapproval, as the Governor of the Virgin Islands, the resolution passed by the Colonial Council of St. Thomas and St. John asking that Congress do not take action on the proposed organic act. You have doubtless received a copy of that resolution. I am to-day returning the resolution to them with my approval, though I disapprove every reason they give for the resolution. No one of their reasons worthily supports the resolution, as you will see from the statement I make in the inclosed "approval. Very sincerely, Hon. V. A. CHRISTENSEN, PAUL M. PEARSON, Governor Virgin Islands. JANUARY 11, 1933. Chairman of the Colonial Council of St. Thomas and St. John, Virgin Islands. MY DEAR DOCTOR CHRISTENSEN: This is in consideration of the resolution of the Colonial Council of St. Thomas and St. John, passed on December 29, 1932, appealing to the United States Congress not to take action at this time on a new organic act for the Virgin Islands, hearings on which were scheduled for January 4, 1933 (but subsequently changed to January 19). I take exception to all of the reasons given for your resolution: In your first "whereas" you object that the bill is not the work of the joint committee of the colonial councils, as provided for in paragraph 42 of the colonial law. I do not agree that paragraph 42 can be deemed to limit the plenary powers of the United States Congress to legislate for the Virgin Islands, as you in this "whereas" imply, and thus definitely take issue on your statement. You claim that the colonial council has not had sufficient time in which to consider the organic act. Let me remind you that your council appointed a committee for the purpose of drafting such an act and that the committee submitted such an act more than a year ago; that the present members have frequently been reminded that such an act should be finally prepared; that the council was asked to send to St. Croix an organic act committee, and also that at some meetings of the municipal committee, particularly in November, 1932, the organic act was discussed; that I have in my possession penciled notes of changes suggested in that meeting in the act under consideration. If the people of St. Thomas and St. John have not been given time to read and consider" the draft, it is no fault of the Government. On numerous occasions during the year and a half since the draft was first discussed, the Government has suggested that public hearings be held, and that active newspaper discussion should be inaugurated. You state also that the joint committees of the Colonial Councils of St. Croix and of St. Thomas and St. John have not arrived at joint decision on the form and substance of a new organic act. True. But you have had plenty of time to arrive at such a decision. However, it is not necessary that your councils either arrive at a decision or even make a request or a suggestion. The whole purpose of your preparing an organic act was that you might thus suggest to the Congress the features you desire in the bill. Only Congress has the power to pass your organic law. Though I disagree with every reason you give for passing the resolution, I approve of the resolution itself "that Congress defer action," because I believe in your right to petition; consequently the above-mentioned resolution is hereby approved. Very truly yours, PAUL M. PEARSON, Governor Virgin Islands. I should like to place in the record at this point a letter from Governor Pearson, dated November 11, 1932, which accompanied a draft of S. 5227. The letter is as follows: Senator HIRAM BINGHAM, GOVERNMENT HOUSE, ST. THOMAS, United States Senate, Washington, D. C. MY DEAR SENATOR: Attached please find tentative draft of the organic act we should like to propose for the Virgin Islands. There may be a few changes when the councilmanic committees have their meeting. The attached act is the work of one of the committees. We hope to have Lieutenant Governor Cramer, of St. Croix, who has done most of the work on this act, and a representative from each of the colonial councils present with me to present it to your committee. It will suit our purpose best if we can be heard in early December. If this is convenient for you, I trust that it can be arranged. I shall be leaving St. Thomas on November 16 for hearings before the Appropriations Committee, so that I may be addressed care of the Interior Department, Washington, after November 22. Very sincerely, PAUL M. PEARSON, Governor. AMERICAN CIVIL LIBERTIES UNION, HON. HIRAM BINGHAM, Chairman Senate Committee on Territories and Insular Affairs, Washington, D. C. SIR: The American Civil Liberties Union desires to indorse in principle Senate bill 5227 providing a permanent government for the Virgin Islands after all these years of uncertain and changing forms of administration, largely under the old Danish code. It is high time that the Congress of the United States should accord to the 25,000 islanders an opportunity to maintain a civil form of government with the greatest possible degree of autonomy. Our attorneys familiar with colonial law have carefully examined the bill and in general indorse its provisions. We desire, however, to suggest the following changes: 1. The tenure of the office of the governor should be made definite, instead of at the pleasure of the President. Like the terms of other officials, it should be limited to four years. The desirability of such a provision is obvious. 2. Too many American officials appointed by the President are provided for, and thus impair self-government for the islands by a population declared by investigating committees of Congress to be among the most literate and able negro populations in the world. We suggest that only the governor and lieutenant governor be appointed by the President, and that the other appointed officials be selected by the governor from among the citizens of the islands, with the approval of the councils. We regard as untenable the theory that the islands can be best ruled by so many officials appointed from Washington, most of whom doubtless will be, as |