nese firm. The natives claim that in dredging the phosphate from low lands on the island the hydrostatic balance is being disturbed to the extent that sea water is seeping through the land into the diggings. The natives claim that this seepage is destroying their taro patches and have asked that the operations be terminated although they have been offered an increase of royalty to 60 cents per ton. Transportation will always be a problem in the trust territory. The Japanese deliberately discouraged boat building by the natives and by holding them to their own islands, discouraged their art of navigation. Some progress is being made on Kwajalein in the conversion of used naval motor whaleboats into small schooners for interisland trade. As of November 1, 1949, the Navy operated 10 small general cargo ships (AKL) in the islands logistic service. Four of these are fitted with refrigerated spaces. There are also two small fuel tankers and two medium-sized cargo ships which have extensive refrigerated spaces. The U. S. S. Whidbey which was completely redesigned and rebuilt from a small cargo vessel (AKL) into a medical survey and research ship for the trust territory does not contribute to logistic support of the area. A total of 810 persons, 73 officers and 737 men, are required to man this fleet. It is interesting to note that in addition to the officers and men of the United States naval service, there are 67 native seamen serving aboard these craft in an official training program. These seamen trainees are allocated in groups of six to eight men per ship. This program was instituted to enable the inhabitants to become experienced and self-sufficient in maritime matters. In addition to the cargo-type vessels some assault ships are used. These ships were designed for combat operations, but they have proved themselves well adapted for cargo operations where no adequate docking facilities exist. Farming, as we know it, probably will never be successful. The soil is shallow, lying over either volcanic rock or coral. When one considers that on the island of Ponape the annual rainfall is 360 inches, he can understand that farming in orderly rows would immediately result in the erosion of the little land with which the natives have to work. Civil administration, permanently, is not a duty nor a responsibility of the Navy Department. The Navy has diverted equipment, material, and men to fulfill its delegated responsibility for the administration of the trust territory. In my opinion, the Navy should be relieved of the responsibility and any succeeding agency should be given full information as to the costs involved in this extra duty now being performed by the Navy. Any agency of the Government of the United States to which is delegated the responsibility of administering American Samoa, Guam, or the trust territory should have the security of law with which to guide it. The people of each of the areas involved should be given the privilege of living under law approved by the Congress of the United States, organic acts, rather than continuing under such regulations as the administering authority, no matter how benevolent, may prescribe. A letter which may be of interest to the committee is submitted: Mr. MILLS ASTIN, DISTRICT OF MANU'A, American Samoa, February 27, 1950. Chief Clerk, United States Senate Committee on Interior and Insular Affairs, TALOFA MR. ASTIN: The station ship is due here within 2 hours to transport our Manu'a members of the Fono to Fagatogo, to attend the special session to reconsider the questions which were sent back to us by Mr. Miles for the Fono to take up in connection with the Samoan bill, R. H. 4500. And I must get this ready so I can drop it in the mail when we arrive Pago Pago. Please accept my high appreciation for your kindness in sending me two letters. One was near Christmas and as your committee was en routing to Honolulu on your way back to Washington; and the last one was the report of the committee with colored photos. I want to thank you again for taking your valuable time to do this for me. The committee's report, as a whole, was interesting to read with its findings of different information among the various islands, peoples, and races now under the jurisdiction of the United States. It is apparently a good evidence of the sincere and great efforts of what the committee had been undertaking on its noble mission. However, speaking for myself and in a personal opinion, I have a little feeling of sadness in my heart when I have failed to find in the report some comment regarding the overwhelming desire of the people of Samoa not to make any change of their government at this time. To us, the idea of making the change at this time seems to have been already formulated before the committee visited Samoa. As a result, the Samoans will have to swallow it with grief, believing Washington might have disregarded our own fundamental reasons and our own needs and wants, or otherwise; but rather making such change because of exterior reasons and needs. As one of the leaders of Samoa, it is always my sincere desire to see Samoa continuing to live up to her fine, loyal, and patriotic support of government, or any agency of the Federal Government appointed by Washington to administer the affairs of Samoa for her own good. Yet, I cannot help expressing here the fear that is behind my own mind that the coming too soon of a change will only sow the seed for an unhappy and vanishing Samoa. Something our people haven't anticipated in this generation. It should be remembered the Samoan people, like in other branches of the Polynesian race, in its own environment, and way of life, is a people with very little patience to wait too long to see the reward of its wants and desire. It only glads to appreciate the things they see of today, but very easily discouraged when he fails to have it next day. In my true personal belief Washington and the United States Government will have very little to lose-if any at allif the change in government at this time would be temporarily postponed until Samoa is well educated in American ways of business or governmental affairs. But I am afraid the change would give the Samoan people some serious effects in their morale, in their economic as well as in their social and political life. And the reason why Samoa is uncertain in its own future, or in knowing precisely what course she should take is because she is not educated enough to know and to feel the ideas and the experience of western life. Since I have not had the honor of meeting Senator O'Mahoney I shall be royally honored if you will be kind enough to talk to him about what I am saying here. I should like very much for the Senator to be informed of my own personal opinions, etc., regarding our question. Please, I should like to ask you for a little favor. Can you send me the Congressional Record of its present Congress and any document you may find interesting or worth while for me to have in order to increase my knowledge of what is taking place in Washington, as far as for matters pertaining to public interest. With my sincere and best wishes for your happiness and for your fine health and success. Sincerely yours, High Chief TUFELE-FAIA'OGA. APPENDIX B REPORT ON THE ORGANIZATION OF THE PRESENT GOVERNMENT OF GUAM, PREPARED BY STEWART FRENCH, AN ATTORNEY ON THE STAFF OF THE COMMITTEE, AT THE DIRECTION OF SENATOR JOSEPH C. O'MAHONEY, CHAIRMAN GOVERNMENT OF GUAM For a half century prior to last September 7, the sole charter of government for Guam, which came under the American flag by the treaty with Spain in 1898, was a two-sentence Executive order (exhibit 1). In it President McKinley, without whereas or qualification, placed the island under the control of the Navy and directed that the Secretary of the Navy "will take such steps as may be necessary to establish the authority of the United States and to give it the necessary protection and government.' Pursuant thereto, a succession of naval Governors, usually a captain (the governorship of Guam was not regarded as a stepping stone in a Navy career), exercised all legislative and judicial as well as executive authority. They revoked existing laws, rewrote and issued new ones, created courts, acted as supreme judges, levied, collected, and disbursed revenues, and, in general, saw to the physical, economic, and political well-being of the Guamanians according to the Navy officers' own lights. As an unincorporated island possession, Guam comes under the Constitution only to a limited and not yet wholly determined extent (reference the "Island cases" in the Supreme Court), nor do the Federal statutes apply unless the island is included therein by name. Guamanians, except veterans and a few others in special circumstances, are not American citizens; in some respects, they are "nationals" of the United States, however. In August 1947, the Secretary of the Navy, by order, conferred limited legislative authority on the Guam Congress, which had been created by a 1917 naval Governor as a purely advisory body. If the legislature fails to act on any recommendation of the Governor, however, the Secretary of the Navy can make such recommendation Guamanian law by his own order. Conversely, if the Congress overrides a veto of the Governor, final authority to sustain or set aside the Act of the Congress rests in the Secretary of the Navy. On September 7, 1949, President Truman issued Executive Order 10,077 (exhibit 2) transferring the administration of Guam from the Navy to the Department of the Interior, effective July 1, 1950. While longer than the two-sentence order of President McKinley, President Truman's Executive order did little more in guaranteeing life, liberty, and the pursuit of happiness to the 26,100 inhabitants of Guam than had the 1898 fiat, since it merely substituted the Secretary of the Interior for the Secretary of the Navy as the supreme authority over Guam and the Guamanians. The order of September 7, 1949, was based to some extent upon the findings and recommendations of the four Secretaries-State, Defense, Navy, and Interior (exhibit 3)-submitted to the President on June 18, 1947, who urged "separate organic legislation for Guam to provide civil government, a bill of rights, and legislative powers to Guamanians. * * *") Immediately after the issuance of Executive Order 10077, Mr. Carleton Skinner, public-relations officer of the Department of the Interior, on September 27, 1949, took oath of office as the first civilian Governor of Guam since the Spanish days. Mr. Skinner was selected by Interior, nominated by Navy, and appointed by the President. There is as yet no legal requirement that the Senate advise and consent to such appointment. The present governmental structure is a mixture of civilian and military, reflecting the transition from a military to a civilian agency. Better than description, the following partial list of top government officials will perhaps illustrate the mixture: Governor, Mr. Carleton Skinner, GS-15, at $10,500 base plus 25-percent differential, making a total salary of $13,125. Administrative assistant, former Lt. Comdr. R. S. Herman, who recently was discharged from the Navy and succeeded himself in the post as a civilian, GS-13, at $7,600 base, plus the 25-percent differential, making a total salary of $9,500. Civil administrator, Capt. A. D. Mayfield, USN. Attorney General, Lt. H. W. McKinney, USN, who is expected to be succeeded soon by a civilian. The post has been set up as a GS-14 with a base pay of $8,800 which, with the 25-percent differential, would bring the total salary to $11,000. Chief of department of public works, Commander F. T. Pritchard, QEC, USN. Fiscal adviser, Commander T. H. Wilson, SC, USNR. Judge of the superior court and chief justice, Mr. J. C. Fischer, GS-15, at $13,125 gross. With the exception of the chief justice, all of the foregoing officers, judicial as well as executive, are appointees of the Governor. Mr. Fischer was appointed by the Secretary of the Navy. EXECUTIVE FUNCTIONS The executive branch still has a number of unusual functions. It operates the $22,000,000 National Bank of Guam, the island-wide bus lines, and the one local newspaper, the Guam Daily News. It has responsibility for public health, maintaining the island's one hospital, and for the school system. The Guam Department of Commerce authorizes business enterprises to operate and plans "an integrated economy for the coordinated development of business, industry, and labor for the island." The Governor also decides who may and who may not come to Guam with the right to exclude arbitrarily. JUDICIARY As to the administration of justice, there is no appeal from a ruling of a Guamanian court to any Federal tribunal, but Guam Superior Court cases (felonies civil actions involving the Navy or United States Government as a party) may be reviewed by the Secretary of the Navy upon petition. Local laws and the administration of justice show the influence of the Spanish and Filipino code which developed and were in force on the island during a period of some three and one-half centuries. There is no trial by jury, for example. Apparently only one of the native judges has had formal legal training. LOCAL LEGISLATURE Legislatively, local self-government likewise is by and under the authority of the Navy. A native assembly was appointed in 1917 by the naval Governor wholly as an advisory group. In 1931, the naval Governor (who subsequently became Congressman Willis W. Bradley of California, in the 80th Cong.) provided for an elective Congress, now consisting of an Assembly of 36 members and a Council of 15 members. This body continued purely advisory until 1947, when, upon its petition, the Secretary of the Navy grantd it interim legislative authority. Indicative of the uncertain status of the elected local legislative body is the fact that last March, when a civil-service employee refused to honor its subpena, the assembly adjourned indefinitely against the express will of the Governor. Thereupon the then naval Governor, Admiral C. A. Pownall, removed from office the 34 assemblymen who refused to obey his call to reconvene. The 51 members of the Guam Congress (roughly, 1 legislator for a little less than 500 persons) are paid $15 a day for a 50-day session (1951 budget estimates). In addition to the members of the congress, each municipality elects a commissioner, who is the Governor's representative as local executive officer, to serve for a 4-year term. Thus, as pointed out by Director Davis, the present government of Guam combines virtually all of the functions performed by the several Federal, State, county, and municipal governments in the States, plus a number of unusual activities, such as authorizing business enterprises and running the bank and the newspaper. INTERNATIONAL OBLIGATIONS Discovered by Magellan in 1521, Guam was claimed and ruled by Spain until ceded to the United States by the Treaty of Paris, ratified by the Senate on February 6, 1899 (30 Stat. 1754). The second paragraph of article IX provides: "The civil rights and political status of the native inhabitants of the Territories hereby ceded to the United States shall be determined by the Congress (30 Stat. 1759)." (The other Territories ceded to the United States were Puerto Rico and the Philippines. To the latter, we have given full and complete independence, plus certain trade preferences and fiscal backing. Puerto Rico has all of the advantages of statehood and few of the burdens, comparatively). In addition to the obligation under the bilateral Treaty of Paris, the United States also has new and additional treaty obligations with respect to Guam as a non-self-governing Territory. Under chapter XI of the Charter of the United Nations, ratified by the Senate June 26, 1945 (59 Stat. at p. 1048), we undertook, with respect to the peoples of such Territories, to insure political advancement, to develop self-government, and taking "due account of the political aspirations of the peoples, * * * to assist them in the progressive development of their free political institutions * * EXHIBIT 1 EXECUTIVE MANSION, Washington, D. C., December 23, 1898. The Island of Guam in the Ladrones is hereby placed under the control of the Department of the Navy. The Secretary of the Navy will take such steps as may be necessary to establish the authority of the United States and to give it the necessary protection and Government. WILLIAM MCKINLEY. EXHIBIT 2 EXECUTIVE ORDER 10077 TRANSFER OF THE ADMINISTRATION OF THE ISLAND OF GUAM FROM THE SECRETARY OF THE NAVY TO THE SECRETARY OF THE INTERIOR Whereas the island of Guam was placed under the control of the Department of the Navy by Executive Order No. 108-A of December 23, 1898; and Whereas a committee composed of the Secretaries of State, War, the Navy, and the Interior recommended on June 18, 1947, that administrative responsibility for the island of Guam be transferred to a civilian agency of the Government at the earliest practicable date as determined by the President; and Whereas plans for the orderly transfer of administrative responsibility for the island of Guam from the Secretary of the Navy to the Secretary of the Interior are embodied in a memorandum of understanding between the Department of the Navy and the Department of the Interior, approved by me on August 10, 1949, and it is the view of the two Departments, as expressed in that memorandum, that such transfer should take effect on July 1, 1950; and Whereas the transfer of administration of the island of Guam from the Secretary of the Navy to the Secretary of the Interior, effective July 1, 1950, appears to be in the public interest: Now, therefore, by virtue of the authority vested in me as President of the United States, it is ordered as follows: 1. The administration of the island of Guam is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on July 1, 1950. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of the administration of the island of Guam as embodied in the above-mentioned memorandum of understanding between the two Departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate and in harmony with applicable law, for the administration of civil government on the island of Guam. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive Order No. 108-A of December 23, 1898, is revoked, effective July 1, 1950. The WHITE HOUSE, September 7, 1949. HARRY S. TRUMAN. Source: Interior Department Appropriations for 1951, pt. 2, pp. 412, 413, 81st Cong., 2d sess. EXHIBIT 3 [From the Department of State Bulletin, July 29, 1947] ADMINISTRATION OF GUAM, SAMOA, AND THE PACIFIC ISLANDS LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE Hon. JOSEPH W. MARTIN, Jr., Speaker of the House of Representatives. 1 THE WHITE HOUSE, Washington, D. C., June 19, 1947. MY DEAR MR. SPEAKER: There is enclosed a copy of a report from the Secretary of State indicating a course of action which the Secretaries of State, War, Navy, and Interior have agreed should be followed with respect to the administration of Guam, Samoa, and the Pacific islands to be placed under United States trusteeship. On October 20, 1945, I appointed a committee consisting of the Secretaries of these four Departments to make recommendations concerning this matter. After preliminary consideration it seemed inadvisable to formulate a final recommendation until a determination had been made of the status of certain islands 1 H. Doc. 333, 80th Cong., 1st sess. An identical letter was sent to Arthur H. Vandenberg, President pro tempore of the Senate. |