Page images
PDF
EPUB

incident that took place during the last war, and that was the incident at Bataan. I think we can come to the conclusion that the reason that there was an intense loyalty, that the reason there was a Bataan incident and I have talked to people who have been there because. I have been in the Philippines long enough to sense the feelingis because the United States of America treated those peoples as individuals and because they treated them as human beings and granted them that certain dignity.

The Declaration of Independence, the second paragraph of it is perfectly clear, that all persons are endowed with certain inalienable rights, and it is certainly the function of the United States Government, it seems to me, to protect those rights.

Now, the Bataan incident which resulted, which can be traced, I believe, to the fact that the United States treated those people as individuals, has resulted in the loyalty which was expressed at that. time.

I am afraid that throughout the world today that the United States is in a position where we want to do everything possible to sustain those principles that we have constantly preached, democracy, and the principles expressed in the Declaration of Independence, and I feel that we should take the lead in granting to these people the rights. expressed in the organic act.

There has been a hue and cry of imperialism. In fact, I think if we just look back a little bit at the San Francisco Conference, the United States was doing everything to preach and to advocate the independence of countries of the Orient, the smaller countries, and that there was a lot of criticism when there were certain plans to take over and control some of these islands for trust purposes and for military purposes. We have an excellent foothold in the Pacific, and where the people of Guam are not going to change their loyalty at all merely because this bill is granted or whether it is not, but the important consideration, it seems to me, Mr. Chairman, is that in fulfilling the wishes, the purposes, the aims of this Government, we are goingand in continuing to guarantee the loyalty and the support of these Guamanian people, that the passage of this act is most important.

Now, I want to go on record as completely supporting this bill. There are minor things that perhaps should be worked out and clarified. I do not support it in all its details; there are things which naturally will be worked out in this committee and in conference; but I do wish definitely to go on record in support of this legislation, and if there are any questions or if there are any further matters, I would certainly be very willing to answer them.

Senator ANDERSON. Thank you.

Mr. McDonnell.

STATEMENT OF PIERCE MCDONNELL, ATTORNEY AT LAW, MEMBER OF THE VIRGINIA BAR

Mr. MCDONNELL. My name is Pierce McDonnell. I am a practicing attorney and a member of the Virginia bar. I appear here at my own expense. I appear here because I have an interest in the Orient. I have traveled there, both on assignment as a Naval Reserve officer and also on business representing clients with interests in that part of the world.

I agree with everything the previous speaker has said, and I also agree with the statement made earlier, Senator, that you do not question the desirability of the passage of this bill. I do not either, and I go on record in favor of it. But there are certain provisions which I would like to bring to your attention which I think are worthy of further scrutiny before this bill is put on the Senate calendar. Some of these points, since I have been sitting here, have been covered, and I believe that they raise points of interest to your mind and that you will look into them further.

Briefly, I would like to go over the points I had intended to make with some detail which I will skim except perhaps where I feel they haven't been covered as completely as I would like to have them covered at this hearing.

Senator ANDERSON. I wish you would outline them and then subsequently, if you want to supply us a more detailed statement, you

may.

Mr. MCDONNELL. Yes.

Well, in the first place, you heard Congressman Crawford and other witnesses state that the objective of this legislation is perhaps to give a greater degree of self-government to Guam. I am heartily in accord with that objective, and I feel that this bill in some instances fails to go to the degree which I, as a citizen, and a taxpayer, would favor. In the second place, I oppose the proposed organization of the legislature as it is now set up in the bill.

In the third place, I believe that the point of the supervision of the judiciary-you have questioned that, and I as an attorney think that that provision is certainly subject to clarification.

Senator ANDERSON. I think that the statements made pretty well indicate what the Department of Interior means to do.

Mr. MCDONNELL. Yes, I will not elaborate on that point.

The next point which I have, which I also might say has come up in the Philippines, is this question of giving a certain preferential treatment, that is, in effect discrimination against American businessmen who care to operate in Guam.

Now, as I examined the bill it seems to me it is pretty clear that it does give power to the Legislature of Guam and the Governor, when the bil is signed, to discriminate against American business. I am wholeheartedly against the adoption of that principle as provided for in this bill. There might be a solution to this problem, which was found in the Philippine experience, and that was this: My recollection from doing business in the Philippines representing clients, was that Americans were not discriminated against. They were put on the same parity as Filipinos, but they did maintain a discrimination clause against other persons.

Now, on the measure of self-government I am prepared to discuss this briefly on the sections which I feel deserve your further consideration.

For example, section 6, describing the powers of the executive, provide that the Governor shall be appointed by the President. I believe, as Congressman Crawford has said in effect, that the people are capable of electing their own legislature. Well, it seems to me if they are capable of electing their own legislature, they are likewise capable of electing their own Governor, and I think, as long as the general theme of the witnesses, particularly the congressional witnesses,

is to give these people a greater measure of self-government, we should likewise give them an opportunity to elect their own Governor.

Now, we have gone through a similar experience in our handling of Puerto Rico. I believe it was under Public Law 362, House Resolution 3609, that it was the consensus of the Congress, expressed in legislation, that we should allow the Puerto Ricans to elect their own Governor. If we are to go forward with our policy in the Far East as we have done definitely in the Philippines and as we are now doing in another sphere of influence, the Caribbean, and allow these people the right of self-government in their legislature, it seems to me while we are considering an Organic Act here we might as well consider the possibility of allowing them to elect their own Governor.

Now, the question comes up, of course, whether or not we should have any strings on the executive branch of the government. Perhaps they feel in all sincerity, and perhaps there are many who disagree with me, that they are not ready to elect their Governor. Well, the legislation could be considered or an amendment to the bill. A Lieutenant Governor, who is described in section 7 of the bill, might be appointed by the President to be more or less an executive officer for the Governor.

Therefore, it would be my position that we go further in the direction of giving these people more self-government.

Now, second, the organization of the legislature: I would like to submit for your consideration in that connection the fact that you are going to have 51 members. Frankly, I have not mathematically worked it out, but it seems to me it is an excessive number of legislators for such a small population, and in this connection my only reference today would be to respectfully refer you to the 1949 World Almanac, pages 183 to 189, and other sections which would show upon examination and certainly common sense will lead you, I believe, to the answer that this number is excessive.

A comparison, which could quickly be made by any political scientist, would show that this is out of all proportion. The danger has been pointed out in the House testimony of providing such an unusual number which may create a dangerous and unworkable situation. Now, I agree with that.

Now, it seems to me in this connection in line 16 on page 11, that I think it should be definitive upon the part of the Congress of the United States to set forth whether or not there shall be a unicameral legislature or bicameral legislature.

Now, that question has been debated in this country for nearly 30, 40, or 50 years. It was the thesis of the Ph. D. and the M. A. when I was in college. Now, in determining that question, whether it should be bicameral or unicameral, the representatives of the Department of the Interior on the Island of Guam, both official and others, can give advice to Congress, but I think in an organic act you should definitely specify what you intend to do.

There are other suggestions I have which I feel would operate in favor of the citizens of Guam.

For example and I am not giving them all-in line 12, page 10, it says in section 9 (a):

In making all such appointments, the Governor shall give preference to persons of Guamanian ancestry.

It seems to me that we should give more than a preference. We should give it priority, and I would amend the bill to insert, after the word "give" and before the word "preference," "a priority in the making of such appointments," and after the word "to" and before the word "persons" I would insert "qualified."

Now, the purpose of this type of amendment is very simple. If a Guamanian can do the job, he should get it. The purpose of putting in the word "qualified" would make it mandatory upon the Governor that the man is as qualified as an American civil servant, or whoever else is being considered for being hired for that job.

Now, the last point which I would like you to consider, which has been brought up and I feel very sorry about it-is: Everyone, of course, is for economy, but it is in the little acts of this type-and it has no reflection upon our good friends here everyone wants economy, and yet there slips through Federal legislation from time to time bills to provide higher and higher salaries. Maybe they have a meritorious claim, and perhaps they do not.

I do not question that. But I would like to ask the Governor a few questions, and I will make them very brief. May I?

Senator ANDERSON. Well, I have been over this question of salary pretty thoroughly. Were you here when those questions were asked? Mr. MCDONNELL. Yes, but what I wanted to bring out, Mr. Chairman, was: If we pay Governor Skinner $16,500 as provided for in the proposed legislation, it is my opinion-and I would like to have this verified, with your permission-that there are certain other benefits which accrue to that office. For example, we know that he has a 14-acre estate. Congressman Lemke has said that is is one of the most beautiful spots in the world, and I have no doubt of that, being one who has traveled through North Africa, Europe, and Asia, and I may have seen that estate, and I am of the opinion that it represents a gross value of more than $16,500.

For example, I assume that the Governor has a private car and chauffeur. Now, I assume that. Now, I will be glad to correct that if I am in error.

In view of the lateness of the hour, I will not dwell on that further. I think that salary is excessive.

Senator ANDERSON. I think it is excessive, too, and I am going to try to cut it down, myself.

Mr. MCDONNELL. And as a taxpayer and a citizen, it seems to me that if the Governor on an elective basis were paid a salary of $12,500 and were given an expense account of $1,000, that that would be adequate, fair, and not only adequate perhaps in the sense of what United States pay for the Congressmen of the United States, but that living expenses, as we all know, are lower there. They are considerably lower, and it seems to me that, from my information, that would be fair.

Also, as to the Lieutenant Governor, if the bill were amended under my proposal, he would be entitled to $12,500 and would be a Federal appointee to assist in an executive advisory capacity to the Governor, to be elected.

I want to thank you for the opportunity of appearing before you. Senator ANDERSON. Thank you. I am sorry to have to hurry. Mr. MCDONNELL. I would like to insert in the record, it it is agreeable with you, Senator, the statistical table found in the Congressional

Directory, Eighty-first Congress, Second session, on page 263, which gives the salaries of the governors of the States; and, in connection with this, the population of Guam is less than that of the least populous State of the United States, which, I understand, is Nevada. The Governor of Nevada is paid $7,600, and this Governor, as we all know from this bill, is proposed to be paid $16,500.

(The material referred to by Mr. McDonnell, contained in the 1949 World Almanac, pp. 183 to 189, is as follows:)

Nevada.

110, 247

(The material referred to by Mr. McDonnell, in the Congressional Directory, 81st Cong., 2d sess., p. 263, is as follows:)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

1 Expenses paid from Governor's contingent fund.

2 With $1,000 additional for mansion rent.

Use of executive mansion and fund for maintenance and expenses.

4 Executive mansion furnished.

No executive mansion; nominal appropriation for expenses.

Governors nominated by the President and confirmed by the Senate.
Also traveling expenses for official duties.

Mr. MCDONNELL. I direct the questions to anyone who is taking over the passage of this bill.

Senator ANDERSON. I raised the question with Governor Skinner. That table is inserted in the record. I am sure Governor Skinner recognizes that if this were a matter of personalities I would not be criticizing his salary, because he happens to be an individual whom I believe to be perfectly competent.

I do want to point out on this question of imperialism that the Navy has spent $21,120,354 on Guam for civilian purposes, much of it in the last 3 or 4 years, which is a pretty good showing of consideration for the people who are there.

Governor Skinner, we would be very happy to have you submit any statement in reply to or in amplification of Mr. McDonnell's

« ՆախորդըՇարունակել »