Bill for the Organization of a Constitutional Government, People of Puerto Rico (1950)

RICO CONSTITUTION

HEARING

BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS UNITED STATES SENATE EIGHTY-FIRST CONGRESS

NOV 13 1950) SECOND SESSION

ON S. 3336

A BILL TO PROVIDE FOR THE ORGANIZATION OF A CONSTITUTIONAL GOVERNMENT BY THE PEOPLE OF PUERTO RICO MAY 17, 1950

Printed for the use of the Committee on Interior and Insular Affairs

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

JOSEPH C. O'MAHONEY, Wyoming, Chairman

JAMES E. MURRAY, Montana HUGH BUTLER, Nebraska SHERIDAN DOWNEY, California EUGENE D, MILLIKIN, Colorado ERNEST W. MCFARLAND, Arizona GUY CORDON, Oregon CLINTON P. ANDERSON, New Mexico ZALES N. ECTON, Montana GLEN H. TAYLOR, daho GEORGE W. MALONE, Nevada HERBERT H. LEHMAN, New York ARTHUR V. WATKINS, Utah

MILLS ASTIN, ChiefClerk N. D. McSHERRY, Assistant Chief Clerk II

CONTENTS

Statement of Davis, James P., Director, Division of Territories and Island Possessions,Department of the Interior..

Fernós-Isern, Antonio, Resident Commissioner of Puerto Rico.Gutierrez, Victor, senator at large and floor leader in the PuertoRican Senate..

Miller, Edward G., Assistant Secretary of State for Inter-AmericanAffairs .

O'Reilly , William , former professor of English and Shakespeare at theUniversity of Puerto Rico; also formerly a newspaper reporter in Puerto Rico,andpresentlya free-lance journalist-Snyder, Cecil, associate justice of the Supreme Court of Puerto Rico.Exhibits:

Public Law 600, Eighty -first Congress--Report of the Department of theInterior on S. 3336_Report of the Senate Committee on Interior and Insular Affairs on S. 3336 (Rept. No. 1779) --S. 3336..

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PUERTO RICO CONSTITUTION

WEDNESDAY, MAY 17, 1950

UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE INTERIORON AND INSULAR AFFAIRS ,Washington , D. C.

The subcommittee met, pursuant to call, at 10:50 a . m . , in room 224 ,Senate Office Building, Senator Joseph C. O'Mahoney of Wyoming( chairman ) presiding Present. : Senators Joseph C. O'Mahoney and Herbert H. Lehman .

The CHAIRMAN . This meeting has been called for the purpose receivingof testimony with respect to the following bill , S. 3336 , intro duced by Senator Butler and myself to provide for the oforganization a constitutional government by the people of Puerto Rico.

[ NOTE . -The following is S. 3336 as introduced in the Senate . Public Law 600 , carried on p . 65 , is the bill as amended and enactedinto law.]

(S. 3336, 81st Cong., 2d sess.)

A BILL To provide for the organization of a constitutional government by the people of Puerto Rico

Whereas the Congress of the United States by a series of enactments hasprogressively recognized the right of self-government of the people of Puerto Rico;andWhereas under the terms of these congressional enactments an increasingly large measure of self-government has beenachieved: Therefore

Be it enacted by theSenate and House of Representatives of the United States ofAmerica in Congress assembled, That, fully recognizing the principle of government byconsent, this Act is now adopted in the nature of a compact so that thepeople of Puerto Rico may organize a government pursuant to a constitution oftheir own adoption.

Sec. 2. Upon acceptance of this Act by the people of Puerto Rico, they arehereby authorized to call a constitutional convention to form a constitution inaccordance with procedures prescribed by the laws of Puerto Rico. The constitution shall create a government republican in forin and shall include a billof rights.

SEC. 3. Upon adoption of the constitution by the people of Puerto Rico, thePresident of the United States is authorized totransmit such constitution to theCongress of the United States if he finds that such constitution conforms with theapplicable provisions of this Act and of the Constitution of the United States.

Upon approval of such constitution by the Congress, or upon the expiration ofthe congressional session during which the constitution is transmitted, providedtransmittal occurs not later than ninety days beforeadjournment, if the Congresshasnot disapproved such constitution,the constitution shall be deemed approvedand shall become effective in accordance with its terms.

SEC. 4. Except as provided in section 5 of this Act, the Act entitled " An Actto providea civil governmentfor Puerto Rico, and for other purposes , approvedMarch 2, 1917, as amended, is hereby continued in force and effect and it shallhereafter be referred to as the Puerto Rican Federal Relations Act .

Sec. 5. The President of the United States, when requested by legislativeenactment of the government of Puerto Rico, may except Puerto Rico from theapplication of anyFederal law, not specifically made applicable to Puerto Ricoby Congress, which he deems inapplicable by reason of local conditions.

RICO

SEC. 6. At suchtime as the constitution of PuertoRico becomes effective,the following provisions of such Act of March 2, 1917, as amended, shall bedeemed repealed:

(1) Section 2, except the paragraph added thereto by Public Law 362, EightiethCongress,first session,approved August5,1947.

(2) Sections 4, 12, 12a, 13, 14, 15, 16, 17, 18, 189, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 40, 49, 49 , 50, 51, 52, 53, 55, 56, and 57.

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1 (3) Thelastparagraph in section 37.

1 ( 4) Section 38 , except the second paragraph thereof which begins with thewords " The Interstate Commerce Act" and ends with the words " shall not apply in Puerto Rico .

Sec. 7. All laws or parts of laws inconsistent with this Act are hereby repealed.

The CHAIRMAN . This bill differs in some respects from a similarbill that was introduced in the House by the Commissioner Puertofrom Rico , the Honorable Fernós- Isern, but the objectives identicalare , I think it may fairly be said It. was worked out after a hearing at which Governor Muñoz appeared-Marín and testified very forcefully and eloquently on behalf theof extension of authority to the people of Puerto Rico to adopt theirown constitution.

Dr. Fernós- Isern, is it your desire to make an opening herestatement ? We have several witnesses from whom requests have been? made for the opportunity to present evidence , the Assistant Secretaryof State for Inter-American Affairs, the Honorable Edward G. Miller, the Honorable Victor Gutierrez, senator at large and floor leader in the Puerto Rican Senate , and the Honorable Cecil Snyder, justiceassociate of the Puerto Rican Supreme Court. Those are the whichnames have been submitted to the chairman , but I would be happyvery to have you make a statement at this time , Dr. Fernós-Isern.

STATEMENT OF HON. ANTONIO ANTONIO FERNÓS -ISERN , COMMISSIONER OF PUERTO RICO

Mr. FERNÓS-ISERN . Thank you , Mr. Chairman .

RESIDENT

Mr. Chairman , I had the honor to appear before this committeeon a previous occasion in the company of Governor Muñoz and-Marín to testify concerning the advisability of adopting a bill underwhose terms the people of Puerto Rico would be authorized toorganize their local government in accordance with a constitutionlocally adopted. Since the distinguished chairman and the distinguished ranking minority member of this committee have intro duced S. 3336. I have introduced in the House H. R. 7674. Theyare twin bills and embody the proposal of the Governor and of myown self.

The CHAIRMAN . I was not aware , Doctor, that you had adoptedthat other one. I am very happy that you have done so .

Mr. FERNÓS- ISERN. They embody the same proposal, and differencesthe are so slight that I am absolutely willing to accept theSenate version.

I wish to express now my appreciation to both sponsors of S. 3336 also; to the members of this committee for the prompt action taken incalling these hearings. I wish now to add a few comments to those IIexpressed before this committee when I first appeared in relation withthis proposal.

Mr. Chairman, the people of Puerto Rico constitute a ofcommunity American citizens organized in a territory which , as decided by

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the Supreme Court, is under the sovereignty , but is not a part , of theUnited States.

In accordance with the Treaty of Paris , under which the UnitedStates acquired sovereignty over Puerto Rico, the Congress is chargedwith the responsibility of determining the politicalstatus of the inhabitants of the Island (last paragraph of article IX of the treaty ). Con sequently, Congress has declared persons born in Puerto Rico to be citizens of Puerto Rico , entitled to the protection of the United States(Organic Act of 1900 ) and , further, citizens of the United States (Organic Act of 1917 , and Nationality Act of 1940 ) Under. paragraph 2 of section 3 of the Constitution of the StatesUnited , the Congress is authorized to adopt " needful rules and tionsregula concerning any territory belonging to the United States . theWith Organic Acts of 1900 and 1917 , as amended , Congress whatadopted it evidently considered to be rules and regulations , needful Puertofor Rico . It was under such rules and regulations that UnitedStates laws were declared applicable to Puerto Rico and the andeconomic fiscal relationships , now existing between Puerto Rico and theUnited States , were established . S. 3336 will not disturb these visionspro . Quite to the contrary, they are specifically continued .

On the other hand , we aim at substituting with a constitution , adoptedby the people, those provisions of the organic act according to whichthe local governmental structure of Puerto Rico is organized. provisionsSuch in the organic act we might properly call the local constitution of Puerto Rico.

Under S. 3336 , the local governmental structure of Puerto Rico would be predicated on the democratic principle ; not only would peoplethe be authorized , as it is now, to adopt its local laws but also localits law of laws ; the local constitution ; while its station within Unitedthe States Federal system , as heretofore determined by Congress ,would remain unimpaired. The local constitution would , of course,be comparable with a State constitution.

As a fundamental reason in favor of this step , it may be pointedout that , considering the democratic progress Puerto Rico has attained and the present measure of self-government it enjoys , it does not anylonger appear to be " needful for Congress to adopt rules and regulations in what concerns the local governmental organization of thepeople of Puerto Rico . This the people of Puerto Rico may do , andwish to do by themselves. On the other hand, it is needful to maintain such rules and regulations, adopted by Congress, which have created the present relationships between the people of the island andthe United States . Such rules and regulations would be asdesignated the Puerto Rican Federal Relations Act. The word " needful in the territorial provisions of the Federal Constitution is packed withsignificance.

According to S. 3336 , the constitution of Puerto Rico must be publicanre in form and contain a bill of rights. It must conform withapplicable provisions of the Constitution of the United States andwith the aforementioned Federal Relations Act. The constitutionof Puerto Rico must be passed upon by both the President and theCongress. The people of Puerto Rico must accept these beforeconditions the constitution becomes Thereoperative. would be additional needful rules and regulations, byenacted Congress, in this case in order that Puerto Rico may adopt a constitution.

PUERTO RICO CONSTITUTION

Under S. 3336 , Puerto Rico is called upon to express its andapproval consent to such conditions in order thenceforth to proceed toorganize its local government in accordance with a constitution of itsown adoption ; and so that certain provisions of the organic act uponthere may stand repealed. That is why S. 3336 would have the ofnature a compact . In this respect , it follows the precedent byestablished the Northwest Ordinance , albeit its terms are not identical.As already pointed out , S. 3336 would not change the status of the island of Puerto Rico relative to the United States. It would not commit the United States for or against any specific future form politicalof formula for the people of Puerto Rico. It would not thealter powers of sovereignty acquired by the United States over RicoPuerto under the terms of the Treaty of Paris . It would withinrecognize, the present fundamental relationships existing between RicoPuerto and the United States , the right of the Puerto ican ofcommunity American citizenry to organize itself for purpose of local govern ment , in accordance with its own determination .

This is in direct accord with fundamental American democratic principles ; also , with international commitments of the United asStates expressed in the Charter of the United Nations. A stronglyprovision and successfully advocated by the American delegates tothe San Francisco convention ( ch . XI , art . 73 of the Charter) reads :

Members of the United Nations which have or assume responsibilities for theadministration of territories whose peoples have not yet attained a full measureof self-government, recognize the principle that the interests of the inhabitants of these territories are paramount, and acceptas a sacred trust the obligation topromote to the utmost, within the system of international peace and securityestablished by the present Charter, the well-being of the inhabitants of these territories, and, to this end: (a) to insure, with due respect for the culture of thepeoples concerned, their political, economic, social, and educational advancement,their just treatment, and their protection against abuses; (b) to develop selfgovernment, to take due account of the political aspirations of the peoples, andto assist them in the progressive development of theirfree politicalinstitutions,according to the particular circumstancesof each territoryand its peoples andtheir varying stages of advancement; (c) to further international peace andsecurity.

Alaska and Hawaii , the only two existing incorporated areTerritories, traveling along the road toward statehood . Upon their sionadmis , the United States will be a Union of 50 States , with 4 areasdependent and 4 dependent peoples : ( 1 ) Puerto Rico and its people (; 2 ) the Virgin Islands and its people; (3 ) Guam and its people ;(4 ) Samoa and its people.

Under S. 3336 , Puerto Rico would become a self -governing commonwealth of United States citizens, organized within an island whichis subject to the sovereignty of the United States. Our commoncitizenship will continue to be a basic and fundamental bond of union . Congressional rules and regulations will govern the form mannerand in which Federal authority will be exercised in Puerto LocalRico. government will be entirely in the able hands of the local people .

The other dependent areas of the United States either already civilhave government or are in the process of having it accorded to them The. progressive development of self- government in them is a expectationnatural . We may here be setting a pattern to be followed in their democratic development, as nonincorporated overseas United

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States areas , democratically organized within harmonious terms of union , modified in each case to meet peculiarly local circumstances .

In any event , the admission of Hawaii and Alaska as States , theauthorization to Puerto Rico to adopt a local constitution, civilgovernment for the Virgin Islands , which already exists , and governmentcivil for Guam and Samoa, already in the process of congressional consideration , will constitute a most commendable demon stration of democratic practice on the part of the United States .

The people of Puerto Rico endorsed the proposal embodied in S.3336 in the 1948 elections. The Governor of Puerto Rico endorsed it before this respected committee. The Legislature of Puerto recentlyRico endorsed it by resolution with no votes against and onlywith two abstentions ; one in the House and one in the Senate.As the elected representative of the people of Puerto Rico in Congressthis , I have introduced a House bill embodying the sameproposal. Other official and civic bodies and organizations haveendorsed it.

I believe it should be adopted at this session of Congress so bythat 1952 the people of Puerto Rico may elect a new undergovernment their own constitution . This will bring new happiness , newcourage , and satisfaction to the people of Puerto Rico. It fortifywill and elevate the international prestige of the United States and, will further strengthen the position of the United States as thechampion of democracy throughout the world .

The CHAIRMAN . Dr. Fernós -Isern, it seems to me that you have made a very strong and unreserved statement in support of Therethis are no reservations in what you have had to say , are there?

measure .

Mr. FERNOS-ISERN. No, sir.

The CHAIRMAN . No reservations . I just want to make this onclear the record , because there is only one way it seems to me of withdealing problems of this character, and that is to meet them franklyand fairly.

There are demands coming from some sources for complete pendenceinde for Puerto Rico. There are other suggestions ingrecommend statehood , but I understand from what you have said to us todayhere that the people of Puerto Rico. at the election of 1948 adoptedhave or expressed their approval of the method of extending localfull self -government and authority, which is expressed in this bill .

Mr. FERNÓS-ISERN. Mr. Chairman, in addition after the bills havebeen introduced , the House and Senate of Puerto Rico, as I outpointed in my statement, have passed a joint resolution endorsing billthe , and out of the 19 members in the senate , 18 voted for and 1 stainedab , and out of the 39 members of the house , 38 voted for and 1abstained.

Besides that , according to information I have from Puerto Rico , out of the 77 mayors of the island , the 77 municipalities, 76 have theircabled approval . As to the one who has not, it is because he is under administrative investigation and I do not think he is in a position tobe taking care of these things now .

The Chamber of Commerce of Puerto Rico has passed resolutionswhich I would like to have included in the record at this point.

The CHAIRMAN . These resolutions will be made a part of the recordat this point.

PUERTO RICO CONSTITUTION

(The document above-referred to is as follows:)

CHAMBER OF COMMERCE OF PUERTO Rico SAN JUAN, P. R. Resolution

Setting forth the position of the Chamberof Commerce of Puerto Rico inconnectionwith H. R. 7674, requesting the Congress of the United States toauthorize Puerto Rico to draft her own constitution.

The Chamber of Commerce of Puerto Rico urged by the constant spiritual restlessness that has been and is occasioned by the far-reaching problems that affect the future of ourcountry resolves, through its board of directors, to endorse and hereby endorses House Resolution 7674 at present before the House of Rep resentatives of the United States whereby Congress is requested to authorizePuerto Rico to draft her own constitution .

I, Isabel Cabanillas, recording secretary of the Chamber of Commerce ofPuerto Rico, do hereby certify thatthe above is a true copy of the resolution ofthe Chamber of Commerce ofPuerto Rico endorsing H. R. 7674.

FERNANDO RODRIGUES MELENDEZ, Acting President.

ISABEL CABANILLAS, Recording Secretary.

Mr. FERNÓS -ISERN. The Free Federation of Puerto Rico , which isan A. F. of L. organization , has also passed Theresolutions.

CHAIRMAN . These may all be admitted . They will be madea part of the record.

( The document above referred to is as follows :)

MEMORANDUM OF THE PUERTO Rico FREE FEDERATION OF LABOR, AFL, TO THEHONORABLE COMMITTEE ON PUBLIC LANDS OF THE HOUSE IN CONNECTION WITH H. R. 7674

GENTLEMEN OF THE COMMITTEE : Deeply concerned with the historical developments of the institutional lifeanddestiny of the people of PuertoRico in itsdifferent aspects, thePuerto RicoFree Federation of Workingmen, State branchof the American Federation of Labor since 1901, has the privilege to appear before thishonorable committee on behalf of over 100,000 members in supportof H. R. 7674, introduced by our Resident Commissioner, the Honorable AntonioFernos-Isern.

We are infull accord with the principle embraced in the bill to the effect thatthe people of Puerto Rico, as an American community, "may organize a government pursuant to a constitution of their own adoption, followingand complyingwith the democratic principles and humanitarian ideas of the Constitution ofthe United States.

Through Resolution No. 120, unanimously approved by the sixty -seventh convention of the American Federation of Labor held at Cincinnati, Ohio, in November 1948, the Puerto Rico Free Federation of Workingmen went on record urgingthat theterritory of Puerto Rico be granted the right to draft and approve itsown constitution. The fifth and sixth whereases of said resolution read as follows: " The people of Puerto Rico have evidenced their capability and theirpolitical and socialmaturity in running their domesticaffairsand in their relationships with the Government and the people of the United States, and 2,200,000American citizens in Puerto Rico have the right to fulfill their duties within the American society enjoying all the liberties and political achievements of thepeople of the United States."

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For the information of the distinguished members of this honorable committee,we are including a copy of Resolution 12, entitled Constitution for Puerto Rico,which appears on pages 327 and 328 ofthe proceedings of the sixth-seventh convention of the American Federation of Labor and a copy of the statement madeby our delegate, Nicolas Nogueras Rivera, to said convention, which appearsonpages 469 and 470 of the proceedings, in support of Resolution 120.

Our Federation specifically endorses H.R. 7674 for the following reasons:

1. The bill is supported by our Resolution No. 120unanimously adopted bythe sixty-seventh convention of the American Federation of Labor heldat Cincinnati in November 1948;

2. Section 4 provides thatourpresent Organic Act entitled " An act to providea civil_government for Puerto Ricoand for other purposes approved on March2, 1917,will continue in force and effect under the name of " Puerto Rican FederalRelations Act." Section 2 of this actreads as follows: The rights, privileges,and immunities of the citizens of the United States shall be respected in PuertoRico to the same extent as though Puerto Rico were a State of the Union andsubject tothe provisions of paragraph 1 of section 2 of article IV of the Constitution of theUnited States. This is a fundamental achievement and a soundpolitical guaranty for the American citizens living in the Territory of PuertoRico.

3. Section 2of H. R. 7674 provides that upon the acceptance of the act by the people of Puerto Rico and their adoption of a constitution, in accordance with procedures prescribed by the laws of Puerto Rico, the President of theUnited States is authorizedto transmit such constitutionto the Congress of theUnited States if he finds that such constitution conforms with the applicable provisions of this Act and of the Constitutionof the United States." We fully endorse this procedure because itmeansthat (1) our people shall have the right to accept or reject the act in a democratic procedure; (2) the people of Puerto Rico will have the right to adopt their own constitution in democratic delibera tions through a constituent assembly and in conformity with the Constitution of the United States; and (3) that once this Constitution is adopted, it willbe submitted to the Congress of the United States through the President of theUnited States, which is a full protection for the people of Puerto Rico againsttheadoption of any objectionable constitution, inasmuch as the Congress of theUnited States will pass upon it.

4. This bill, if approved and adequately used by the people of Puerto Rico,willserve to strengthen ourrepublican form of government placing the Territoryof Puerto Rico in a more advantageous and dignified position to fully assume theresponsibilities as amember oftheAmerican society. As loyal American citizensfully aware of therights and duties of the democratic way of life we should havethe privilege to adopt our organic law as a result of the free will of our people. Fifty years of training in the school of democracy of this greatrepublic qualifyus to decide our destiny and express our popular will in a constitution based onthe principles and ideals of our national constitution.

5. The progress achieved by the American community of Puerto Rico underthe American flag and the democratic climate prevailing in our institutional life,lead us to the conclusion that we have reachedsuch a stateof political and socialmaturity as to deserve the recognition of the right to draft and adopt our ownconstitution within the democratic political structure of the United States following the principles, ideals, and doctrines established in the Constitution of theUnited States of America.

6. The more the political liberties and freedom of Puerto Rico are strengthenedand liberalized, and the more the American citizens in this American territoryare dignified by equality ofrights with theother members of the American society,the better Puerto Rico will cooperate with the Government and the peopleofthe United States in performing the domestic and international responsibilitiesplaced upon our Nation by history, destiny, and by God.

In consideration thereof, the Puerto RicoFree Federation of Workingmen,State branch of the American Federation of Labor, respectfully urges from theUnited States Congress, the approval of H. R. 7674 introduced by our ResidentCommissioner of Puerto Rico,the Honorable Antonio Fernós-Isern.

Respectfully submitted by:

THE EXECUTIVE COUNCIL OF THE PUERTO Rico FREE FEDERATION OF WORKINGMEN (AFL), HipolitoMARCANO, President.

Nicolas NOGUERAS RIVERA, Secretary-Treasurer.

SAN JUAN, P. R., May 4, 1950.

Mr. FERNÓS-ISERN . I do not know of any more eloquent expres sion of approval than the expression of practically all their tiverepresenta bodies ,both civic and political, who have endorsed the bill.

The CHAIRMAN . You recognize in this bill a legislative proposalwhich , if enacted by the Congress of the United States , will permitthe Government of the United States to continue its active interest in promoting a sound economy for the people of Puerto Rico while theat same time granting them complete local self - government ?

Mr. FERNÓS-ISERN. And it should be added that both at the local level of government and at the Federal level of government, expressthe consent of the people of Puerto Rico would have been given The. ChairMAN . Very good , sir . Now is there anything else youwish to add , Doctor ?

Mr. FERNÓS- ISERN . Yes ; Mr. Chairman . Yesterday before theCommittee on Public Lands of the House where a hearing on the Housebill was held , the Honorable Walter A. Lynch of New York presented a statement which I am authorized tooffer for the record of this committee.

The CHAIRMAN . It may be received .

( The document above-referred to is as follows :)

TESTIMONY BY HON. WALTER A. LYNCH BEFORE PUBLIC LANDS COMMITTEE ON H. R. 7674, May 16, 1950

Mr. Chairman,I am happy to be here thismorning and to have an opportunityto speak before this committee on behalf of H. R. 7674 which would mit the People of Puerto Rico, at long last, to participate more fully in the heritage whichwe call Duringdemocracy.

the more than 50 years that Puerto Rico has been under the Americanflag, we have acted, although slowly, in living up to our treaty obligations todecidethe politicalstatusof Puerto Rico. Indeed,for many years, afterthe initialsteps, Congress did almost nothing at all.

In 1900,Congress created a temporary civil government for the island undera measure known as the Foraker Act. In 1917, a permanent civil governmentwas accorded by the Jones Act which retainedmost of the provisions of theoriginal Foraker Act and added some others. Since then, there have been anumber of changesto theorganic act,mostly minoruntil thelast few years, whenCongress has seen fit to givePuerto Ricosome reallysignificant grants of greaterself-government, such as theright to elect their own Governor and name most oftheir own public officials.

Now, for the first time, this committee is charged with the responsibility ofconsidering a bill which would grant to the people of Puerto Rico, the authorityto organize a constitutional governmentof theirown choosing within certain welldefined boundaries and limitations specified by Congress.

To my mind, this is the wisest step which Congress could take, not only from the point of view of doing what we should before have done to fulfillour obligationsfor Puerto Rico, but alsoto demonstrate to the democratic world, as well as tothatpart of the world which does not yet follow the democratic way of life, thatthe United States really believes in democracy.

I am sure that all those present here today, can seethatsucha practical demonstration ofthe principles of democracy will strengthen and elevate our positionbefore the United Nations. For this country is signatory to the United Nationscharter calling for united efforts toward obtaining self-governmentfor dependentpeople as rapidly as theyare able to assume theresponsibilityof self-government.That Puerto Rico isready is demonstrated by the record ofthe present administration under the able leadership of Governor Muñoz-Marín, the first electedGovernor of Puerto Rico.

Last November, I was a member of a subcommittee of the House Ways andMeans Committee which went to Puerto Rico to look into the advisability ofextending social security to that island and to the Virgin Islands. We held hearings downthere and we went out and studied the living conditionsof thepeople.We saw what the insular government is trying to do by way of industrializationand better agricultural practices and by modern social legislation to better thoseliving conditions.

The insular governmentis doing its level best toact as rapidly as possible inremoving people from the slum areas and in creating jobs, building new industries,raising wages, eradicating slums, building public housing projects, and muchWhat they call their self - effort, their Operation Bootstrap , is a magnificentthing to see in action.

more . > are .

Ithas been said, " They are moving mountains in Puerto Rico." They reallyThey are moving mountains ofobstacles and with unbelievable dispatch.Progress is showing through everywhere.

Our subcommittee went to Puerto Rico under the chairmanship of Representative Sidney Camp. Upon our return, werecommended unanimously,as the result of our investigation , that social security be extended to Puerto Rico on thesame basis as in the States.

Before we could make such a recommendation, we had to look carefully intothe tax system in effect in Puerto Rico. We learned that prior to the ceding of Puerto Rico to the United States, Spain had granted a considerable degree ofself-government to Puerto Rico undera charterof autonomy. With this charterof autonomy, Spain_granted also a great measure of self-determination in the matter of taxes in Puerto Rico . Consequently, Puerto Rico had its own taxsystem which was continued by the Foraker Act in 1900 and by the Jones Act in 1917. This practice of giving Puerto Rico self -determination, tax -wise, has beena consistent,andin myopinion, a wisepolicy of the United States. Indeed, anydeviation from that policy would constitutea precedent, insofar as Puerto Ricois concerned.

The Subcommittee of the House Ways and Means Committee found that theprimary source of revenue in Puerto Rico is made up of excise taxes collected onà large variety ofarticles. These taxes yielded40.7 million dollars in revenuein the fiscal year 1948-49. Income taxes on individuals and corporations rank second as an important source of revenue in Puerto Rico. During the samefiscal year, 26.4 million dollars was collected from such source.

Taxes on real and personalproperty rankedthirdandyielded 3.3million dollarsto the insular government in fiscal year, 1948-49. In addition, the local municipalgovernments collected $ 7,000,000 in property taxes.

Nine and six-tenths million dollars were covered into the insular treasury fromcustoms,duties, and taxes imposed on products shipped to the mainland to bal ance Federal taxes paid on those products when produced on the continent.Rum and tobacco made up 7.4 million dollars of this amount.

Puerto Rico, for 14 years, had had a State insurancefund to protect the workersagainst accidents suffered in the course of theirwork ; 3.9 million dollars in premiuirs were assessed on payrolls amounting to 227 million dollars in 1947-48.

An unemployment insurance law protecting sugarcane workers against seasonalunemployment went into effect last year. The sugarcane industryand the insular treasury worked together in evolving the necessary payroll and tax returnforms . Between January 1 and October 31, 1949, the payroll tax collectionstotaled 1.8 million dollars; 5,414 employers reportedduring that period and morethan 22,000 returns were processed.

The report of the subcommittee has this tosay about the tax system, We callattentionto these various tax programs in orderto substantiate our position thatexisting insular tax programs have already laid a foundation for the collection ofthe Federal employment taxes. In our opinion, the collection of these taxes willpresent no insurmountable administrative difficulties, and the experience of theinsular treasury, together with familiarity with similar taxes by both employersandemployees, will be of great assistance.

H. R. 7674 does notalter the present tax relationships between Puerto Rico and United States. The Congress should insure to Puerto Rican citizens that they will not be placed in a discriminatory position or given a submerged status taxwise. I believe it is significant to point out that in 1946, therewere only 4,000persons in all of Puerto Rico with taxable incomes exceeding $2,000 per year. In this connection, Ishould like to emphasize that Puerto Rico has a population inexcess of 2,000,000. The average income is less than half the average income ofthe lowest income State.

The internal-revenue laws of the United States do not extend to Puerto Rico, and iftheydid extend, these facts make it lucidly clear that, when all is subtractedand divided and finally totaled , United States could not hope to realize muchrevenue from levying Federal income taxes in the island.

Also, it must be remembered that Puerto Rico hears a substantial local tax load which, combined with the collection of excise taxes in the island, constitutesa sizable tax burden .

Considering that there is no provision in the Puerto Rican income-tax structurefor the splitting of incomes of husband and wife, it is seen that Puerto Ricanshave a substantial tax burden which, in its entirety, is not substantially differentfrom that ofmainlanders. I might say, in closing,that theTreasury Departmentof Puerto Rico has undertaken an all-inclusive review of the insular tax system ,including its implications on the economyand the determination of who,in thefinalanalysis, pays the taxes in Puerto Rico and who ultimately benefits frompublic expenditures.

PUERTO

In a statement before the Ways and Means Committee in connection with theextension of social security toPuerto Rico and the Virgin Islands, Sol Descartes,treasurer of Puerto Rico,on November 17 of last yearsaid, "We are striving tofind the middle course which would encompass thehighest possible tax contribu tions of the local economy compatible with the extensionof economic incentivesto expand production, and the investment of local savings in local economicexpansion.

As Governor Muñoz-Marín pointed out * * * This is an extremely difficult problem . It has not been solved in the most advanced , industrializednations.

During the past few years, Puerto Rico has accomplished considerablesimplification of its excise taxes. Additional measures have been formulated towardthat end and are ready for trial.

So we see, gentlemen, thatin a field of self-government in which Congress, longago, granted Puerto Rico afree hand and full reign, they have donean effectivejob. I feel sure, and in this opinion I have many colleagues, that Puerto Ricowill strive, just as industriously, and equally as effectively, in the other field ofself-government, as they are extended to them.

The CHAIRMAN. Senator Lehman ?

Senator LEHMAN. I simply wish to congratulatethe Resident Commissioneron his very, very clear and convincing statement. Thearguments which he haspresented are very much in line with my own thinking, follow closely the suggestions and recommendations which I made some months ago, and I believe shouldbe followed.

If I were not a member of this subcommittee, Mr. Chairman, I would be veryglad indeedtodo what Congressman Lynch has done, and appear as a witness inbehalf of this bill. I think it is sound; I think it is democratic it does not in anyway affect the relationships between the island of Puerto Rico and the UnitedStates Government.

It does not affect any of our international relationships, and I think it is anexpression of democratic principles which our Government has held, and theimplementationof which are meritedby the people ofPuerto Rico.

I want to make itvery clear that I favorthis application pendingsuch time,which Ihopewillnot be too distant, when Puerto Rico will feel justifiedin applyingfor statehood, but in the meantime I favor this bill.

Mr. FERNós-ISERN. No , Mr. Chairman . May I again offer forthe record reprint of extension of remarks I had inserted in the ofRecord the House sometime ago right after the introduction of your bill ,Mr. Chairman ?

The CHAIRMAN . Very well.

(The document above referred to is as follows:)

(From the Congressional Record, April 5, 1950)

EXTENSION OF REMARKS OF HON. A. FERNÓS-ISERN, RESIDENT COMMISSIONER FROM PUERTO RICO, IN THE HOUSE OF REPRESENTATIVES

RELATIONS BETWEEN PUERTO RICO AND THE UNITED STATES

Mr. Speaker, the Honorable Senator fromWyoming, Mr. O'Mahoney, and theHonorable Senator from Nebraska, Mr. Butler,have introduced into the Senateon March 31a bill, S. 3336, a companion bill to H. R. 7674 which I introduced inthe House March 13.

There are slight differences between thetwo bills but they are fundamentallyaimed at the same objectives. Their provisions arealmost identical.

I am grateful to both Senators for having so cordially received and sponsoredlegislation on what constitutes the present wishes of the people of PuertoRico.

In connection with the Senate and House bills, I would like at this time to takeup somepertinent considerations.

In 1900, soon afteracquiring sovereigntyover Puerto Rico throughthe Treatyof Paris, the United States Congress enacted the first Organic Act of Puerto Rico.It provided that onand after the passage ofthis act, the same tariffs, customs,and duties shall be levied, collected, and paid upon all articles imported intoPuerto Rico from ports other than those ofthe United States which are required

The CHAIRMAN . Are there any other witnesses beyond those namesI have mentioned ?

by lawtobe collected upon articles imported into theUnited States from foreigncountries." It further provided that in no event shall any duty be collectedafter the 1st dayof March 1902 on merchandise and articles going into PuertoRico from the United States or coming into the United States from Puerto Rico."

In other words, Congress established what might be described as a customsunion between the United States and Puerto Rico. Other provisions concerningtheretirement of Puerto Rico coins then in circulation andsubstitutingthecoinsof the United States, and concerning the application of Federal laws in PuertoRico, created not only a customs, but an economic and political, union.

The Puerto Rican communityhad been founded four centuries earlier. It haddeveloped with the Spanish political and economic empire. The new pattern ofpolitical and economic relationships made it inescapable for Puerto Rico toreorient its economy. During the past 50 years we have created a neweconomy.The present economic relationships between Puerto Rico and the mainland arenow the core of the economic life of Puerto Rico. Consequently, it is onlynatural and logicalthat while seeking democratic politicaladvancement withinthe union, we in Puerto Rico may be mindful ofour basic economic and political relationships. We do not want to dissolve them , we do not want to disturbthem, albeit we strive to perfect them .

In 1917, the people of Puerto Rico were declared to be citizens of the UnitedStates. In a republican system of government, we may not findthe person ofthe king to symbolize a common loyalty. But we do find and cherish a greatideological and political symbol, common citizenship to which all owe loyalty.The extensionof United States citizenship to the people of Puerto Rico unquestionably added great dignity to our union with the United States. Common cit izenship symbolizes thecommonloyalty of freepeoplesengaged in a common wayof life devoted to upholding their republican democratic institutions. Allow methen to say,as emphatically asI canthat, unless thepeople ofPuertoRicoshouldunmistakably express theirdesires and reasons for dissolving their union with theUnited States, which they have never done, it is unrepresentative and unfair,whatever the motives may be, to present before this body and in their behalf anyproposition to the end that the people of Puerto Rico be thrown out of thisUnion. Neither the House bill nor the Senate bill would entertain any suchproposition.

Mr. Speaker, I have the honor and theduty to representthe peopleof PuertoRico in this august body. In the 1948 Puerto Rican elections,candidates werenominated for Resident Commissioner of Puerto Rico by the Popular DemocraticParty, the Statehoodand Socialist Parties (in coalition), and the IndependentistParty. As the candidate of the Popular Democratic Party, I polled 392,000votes. I am speaking in rounded numbers. The candidate for the combinedStatehood andSocialist Parties polled 180,000 votes. The candidate for theIndependentist Party got 66,000 votes. In other words, Mr. Speaker, the combined opposition polled 246,000 votes as compared to the 392,000 votes Ireceived. I had an absolute majority of 146,000 votes over all opposition.

In that same election the Honorable Luis Muñoz-Marín ran for governor onthe same party ticket I did and he was elected by about the samemajority I was. I believe a clearer mandate from the people for him or me could not any where be found. H.R. 7674 is an expression of that mandate.

The statehood and Socialist coalition candidates campaigned on a platform ofstatehood for Puerto Rico ; the Independentist Party campaigned on a platform ofindependence for Puerto Rico; the Popular Democratic Party stood on a platform calling for the preservation of present relations between Puerto Rico andthe United States and, within such framework, for the adoption by the peopleof Puerto Rico of a constitution for the organization of ourlocal government. This is not statehood, Mr. Speaker; nor is it independence. But it is Americandemocracy on American soil.

You see,Mr. Speaker, it is in absolute accord with the expressed wishes of thepeople of Puerto Rico that I have introduced H. R. 7674." It is in accordancewith thewish of the people of Puerto Rico thatthe Senate bill has been introduced. Under these bills, the people of Puerto Rico will adopt their own constitution for their own local government within the existing pattern of politicaland economic relationships with the Federal Government.

The people of Puerto Rico today have a local government served by officials of their own selection. Under the present organic act, the officials of our govern ment, including thegovernor, are chosen in free electionsby popular vote. Thepeople of PuertoRico have a good government. May I point out that in hisfirst message to the Legislature of Puerto Rico, Governor Muñoz-Marín, the first

elected governor, specifically requested from the legislature authority to proceedwith reorganization andstreamlining of the government much in line withtheprocedure followed by the Federal Government. This reorganization which isnow taking place is parallel to that now being undertaken by the FederalGovernment in accordance with the Hoover Commission recommendations. May Ialso point out that in his second annual message to the legislature the governorrecently expressed views on government and economy and organization whichhave been widely praised by many distinguished students of government, including the Honorable Fred L. Crawford, of Michigan, who recently addressed thisHouse on the subject.

From an articleby Mr. Beardsley Ruml, I should liketo quote briefly. Itwasan address which he made before the board of trustees of the Committee for Economic Development last May. He said :

Muñoz is, without doubt, a remarkable man and a distinguished political leader. Some keen observers are of the opinion that he may e'merge as one of the very great world politicalleaders of our times. A recent issue ofTime (May 2,1949) carried an informative biographical sketch of Muñoz, and his statepapersgive a clear impression of the depthand penetration of his statesmanship.'

He further stated:

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Rule in Puerto Rico is rule by consent, rule afterthe votes are freely cast. Itis the hard way to achieve order in the processes of government, but the resultgives confidence in resiliency and toughness. The Government of Puerto Ricounder Muñoz will not be characterized by brittleness and caprice."

Mr. Ruml had this to say about honesty in Puerto Rico's Government:One further observation about the Government of Puerto Rico. I have taken particular pains to talk to American businessmen and newspapermento determinewhether corruption and graft played any significant part in getting things done inPuerto Rico. The testimony was unanimous that they had found neither squeezenor " bite." I am not so unimaginative as to believe that some deals are notmade with some people at some times under some circumstances that are expressions of special privilege for special consideration. But I do believe thatthere is no system ofpaying off or of buying rulings and immunities. The higherofficials of the Puerto Rican Government are well aware that the program of the Government would be destroyed by corruption or hy even the suspicion ofcorruption.

Puerto Rico is struggling to raise itself out of its present economic difficulties byits own efforts. In our endeavors to industrialize and create new jobs we arehaving the most helpful cooperation by the Federal Government.· I have said that as a counterpart to what we call our Operation Bootstrap wehave an Operation Boost on the part of theCongress. I have included in suchproposed Operation Boost theextensionto Puerto Rico of public housing, socialsecurity, aid to education, coffee rehabilitation, increase ofthe sugar quota, andso forth. Public housing is already in Puerto Rico under a law passed by thiscongress in its firstsession. Social security for Puerto Rico has already passedthis body and is before the senate. Aid to education has passed the senate andis pending before the corresponding committee of this house, and I hope someform of agreement can be reached. A coordinated program of action has already been agreed upon by the United States Department of Agriculture andthe Puerto Rico Department of Agriculture. Operation Bootstrap is developingwell in Puerto Rico. Operation Boost is developing well in this Congress.

Mr. Speaker, I say we are not going to be deflected from thisconstructive

course .

We are not going to aim for objectives which would result in our undoing. We are not going to run after will-o'-the-wisp ideas however charitablethe intentions of those who may dangle them before us. We will not jeopardize the whole basis of our economic life and freedom .

In the political sense, H. R. 7674 and S. 3336 are expressionsof the same program of advancement which in an economic sense is embodied in our local industrialization program . Operation Bootstrap, and in the congressional counterpart, Operation Boost. H. R. 7674 and S. 3336 would perfect our democraticstatus within the framework of our union within the United States, in accord ance with Puerto Rico's circunstances. I thank the Eightieth Congress forhaving recognized Puerto Rico's political maturityand having permitted usto elect our governor. I praise the people of Puerto Rico for the wise judgmentthey showedin electing their present governor. I praise the people of PuertoRico for supporting our Governor in his present endeavors to streamline ourgovernmentand industrialize the island. I'thank this Congress for the generous consideration it has been giving to our problems and for the helping hand it isextending.

We are an old people with an old culture. San Juan, our capital, and SanGerman, on the southern partof the island, are the two oldest citiesunder theAmerican flag. San Juan was founded in 1508 and San German in 1511. Underthe dome of the old San Juan Cathedral, to the left of the centralnave, repose theremainsof the first Christian bishop to set foot on New Worldsoil. To the other side of the central nave repose theremainsof Juan Ponce de Leon, the founder ofSan Juan and later the discoverer of Florida.

Ponce de Leon came to theNew World from old Castile. Hebroughtwith himthe pattern oforganization of a Spanish medievalcity of those days. Thus wereSanJuan and San German organized. He did not bring with himlater-day absolutist Hapsburg or Bourbon ideas of government, as unfortunately befell Spainand consequently befell us in Puerto Rico with the subsequent installation in theSpanish throne of the Hapsburg and Bourbon dynasties. Ponce de Leon repre sented the old Castillian ideas of individual freedom . He belonged to thattype of sixteenty -century Spaniards whose motto was To the King my lifeand tribute, butmy honor is of the soul, and my soul belongs to God.

Alonso Manso, the first bishop in the New World, the first bishop of PuertoRico, represented the Christian faith of the settlers, a faith we have maintainedand willalways maintain .

There in that cathedral is a symbol which allows us to understand two fun damental characteristics of the Puerto Rican people the love of individualfreedom and the practice of good Christian faith. This explains the fraternalattitude which the Puerto Ricans had for the United States Armies when theyarrived in Puerto Rico in 1898. In the flag which they saw the soldiers carry they could see the symbol of that individual freedom with which they hadstartedandwhich they lost through the three.centuriesof Hapsburg and Bourbonabsolutism , a freedom they yearned to have again. And they knew that in thatfreedom their faith couldflourish. The United States troops marched along apath of flowers through the streets of Ponce, flowers that were thrown by thepeople.Because weare Christian we are hospitable; because we love freedom we areAmericans. This explains our hospitality to our visitors. For those reasons wewill never allo ourlove for freedom nor our Chritian faith to diminish. Our belief in the dignity of man and our Christian faith will always become evidentin the way we practice hospitality. We will always break our bread with thosethat come to visitus as envoys of good will.

On Thursday, March 30, ajoint resolution endorsing H. R. 7674 was passedby the Legislature of Puerto Rico. It had the endorsement of 18 votes out of 19 in the senate, with the 1 member not voting. In the house, where there are39 members, 1 member abstained from voting. The other 38 members endorsedH. R. 7674.

Mr. Speaker, if there ever was a more eloquent expression of the wishes of thepeople, I am notaware of it.

I hope that H. R. 7674 may promptly be considered by this Congress andspeedily , but with thorough consideration , be sent through the legislative machinery to early enactment into law ,

Senator LEHMAN . May I ask the Resident Commissioner onequestion . I referred to ultimate statehood of Puerto Rico . I understand that this bill, which is before us now , represents thesentiment, the existing sentiment, of the people and the Legislatureof the Island of Puerto Rico?

Mr. FERNÓS-ISERN. That is correct.

Senator LEHMAN . But may I ask whether there is any substantialsentiment in Puerto Rico for statehood at this time?

Mr. FERNÓS- Isern . I will reply , Senator, in this way. In lastthe election three political groups went to the polls. On the ofquestion statehood, the party which nominated me offered a plank which is embodied exactly in this bill . I was elected by a vote of 393,000 .

There was another group which had a plank for immediate state hood . Their candidate polled 160,000 votes . There was a thirdcandidate in the field advocating independence. Their candidate polled 66,000 votes .

PUERTO RICO

I belive that the vote which I received does not mean that statehood would have only 180,000 votes in Puerto Rico , if the majority of thepeople thought that we were in a position to undertake the task and carry the burden , but at the present moment that is the situation andthat reflects the feeling of the people.

The CHAIRMAN . As I understood your opening statement, Doctor,you said , and I think quite correctly , that the adoption of this billdoes not affect any future action that may be taken by the Congressof the United States.

Mr. FERNÓS -ISERN. That is absolutely correct .

The CHAIRMAN . It is not to be regarded , if it should be enacted , as a promise expressed or implied that some future Congress wouldbe obligated to grant statehood .

Mr. FERNÓS - ISERN. That is right

The.

CHAIRMAN . In addition to what you said , however, it might pointedbe out that this bill has been presented in the nature of a compact between the Government of the United States and the people of Puerto Rico.

The bill extends to the people of Puerto Rico the opportunity toadopt their own constitution under the conditions which are set forth in this bill, so that in that respect it is a compact between theUnited States; and , if the people of Puerto Rico adopt their tionconstitu and it is approved , with the people of Puerto Rico .

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Mr. FERNÓS-ISERN. That is correct, Mr. Chairman.

The CHAIRMAN . Mr. Miller, are you ready to testify. Will you come forward , please . Thank you very much, Doctor.Mr. FERNÓS- ISERN . You are welcome, Mr. Chairman .

STATEMENT OF HON. EDWARD G. MILLER, ASSISTANT SECRETARY OF STATE FOR INTER-AMERICAN AFFAIRS

Mr. MILLER . Mr. Chairman , I shall be very brief this morning because there is really very little for anyone to add after the splendidpresentation of the Resident Commissioner of Puerto Rico .

The CHAIRMAN . Before you testify , Mr. Miller , may I insert inthe record at this point the letter which as chairman of the committeeI received from Assistant Secretary of State Jack K. McFall. You are familiar with that letter?

Mr. MILLER . Yes ; I have a copy of it here .

The CHAIRMAN . This will be made part of the record at this point .

( The document above referred to is as follows :)

APRIL 25, 1950. Hon. Joseph C. O'MAHONEY,Chairman, Committee on Interior and InsularAffairs, United States Senate.

MY DEAR SENATOR O'MAHONEY: This is in further reply to your letter ofApril 1, 1950, which was acknowledged April 4,1950, transmitting for the comment of the Department of State a copy of S. 3336, to provide for the organization of a constitutional government by the people of Puerto Rico.

The Department of State believes it to be of the greatest importance thatthePuerto Rican people be authorized to frame their own constitution as providedfor in S. 3336, in order that formal consent of the Puerto Ricansmay be given totheirpresent relationship to the United States.

It is believed that, with their own constitution, the high degree of internal selfgovernmentwhich the Puerto Ricans today enjoy in their voluntary associationwith the United States will assume for them an added significance. Moreover,

such action by our Government wouldbein keepingwith thedemocratic principlesof the United States and with our obligations under the Charter of the UnitedNations to take due account of the political aspirations of the people in ourTerritories and to develop self-government in them .

In view of the importance of " colonialism and imperialism" in anti - Americanpropaganda,the DepartmentofState feels that S. 3336 would have great value as asymbol of thebasicfreedomenjoyed by Puerto Rico, within the largerframeworkof the United States of America.

The Department has been informed by the Bureau of the Budget that billsproviding forthe drawing up and adoption of a constitution by the people ofPuerto Rico (S. 3336 andH. R. 7674) would be fully in accord with theprogramof the President.

Sincerely yours,

The CHAIRMAN. Proceed.

Jack K. AssistantMcFALL,Secretary(For the Secretary of State),

Mr. Miller . I have just a brief statement to read on behalf of Departmentthe , Mr. Chairman .

The Department of State believes it to be of the greatest importance that the Puerto Rican people be authorized to frame their ownconstitution as provided for in S. 3336, in order that formal ofconsent the Puerto Ricans may be given to their present relationship to Unitedthe States. It is believed that , with their own constitution, highthe degree of internal self -government which the Puerto todayRicans enjoy in their voluntary association with the United States willassume for them an added significance. Moreover, such action by our Government would be in keeping with the democratic principles of theUnited States , and without obligations under chapter XI of theCharter of the United Nations to take due account of the people in ourTerritories and to develop self -government in them . The Department of State feels that the enactment of S. 3336 into law would have greatvalue as a symbol of the basic freedom enjoyed by Puerto Rico , thewithin larger framework of the United States of America That. is our statement, sir . I would just like to add two otherthings. One, a personal word .I was born in Puerto Rico ; so I have a personal interest in matterthis . I have also visited Puerto Rico twice this year in withconnection my program of visits to all of the countries in Latin America I. have seen what is being done in Puerto Rico , in the way of andeconomic political progress, and I think that the very great progress thathas been made in both fields in the direction of self-reliance has been made in direct proportion with the increasing of autonomy thatPuerto Rico has had in regard to selfIgovernment. think, therefore, the passage of the bill now before this committeewould be recognition of the increasing progress that is constantlybeing achieved by the Puerto Ricans.

Also , as Assistant Secretary for Inter -American Affairs , I think Ihave another ground for special interest in this matter. Puerto Ricois an area of the United States, a community that has a particularinterest in Latin America , and for which the Latin Americans have verya particular interest. I think that it will help our prestige and programour throughout Latin America if we give this added recognitionof self-government to Puerto Rico .

The CHAIRMAN . Mr. Secretary , I think that it might even go furtherthan that. For a long time I have found that the people of PuertoRico under a constitution of this kind, and with their connections

PUERTO RICO CONSTITUTION

with all of Latin America, could be a very strong link in solidifying the common understanding and objectives of all the people of Westernthe Hemisphere, particularly those in Latin America .

Mr. MILLER. I agree wholeheartedly, Mr. Chairman . We madehave plans, had discussion with Governor Muñoz -Marín, as to theway Puerto Rico could help out in connection with the point 4program in Latin America.

Governor Muñoz -Marín has not only offered personnel, not only offered to train students at the university, its wonderful educationtechnical school, but also to contribute funds to this program . That is one of the real indexes of the self - reliance of the Puerto Rican people .

The CHAIRMAN . The greatest modern problem of people all overthe world , as I see it , is the establishment of a stable economy inwhich as individuals peoples of every race and every creed may participate democratically .

Mr. MILLER. I agree, sir .

The CHAIRMAN . And, when we say democratically, we do meannot under any totalitarian form of government or leadership .

Mr. MILLER. Precisely.

The CHAIRMAN. The advances which have been made in Puerto Rico under the efforts of the people there to achieve a stronger economic base , I think , are among the most encouraging developments thein Western Hemisphere, and I personally feel, Dr. Fernós - Isern that, Governor Muñoz -Marín , who testified here, has performed á remarkable service for the people of Puerto Rico and for the peopleof the whole Western Hemisphere in the leadership which he hasdemonstrated toward economic freedom and stability.

Mr. MILLER. I agree, sir.

Mr. FERNÓS- ISERN. I thank you in his name and in the name of thepeople of Puerto Rico, Mr. Chairman.

The CHAIRMAN . Senator , any questions ?

Senator LEHMAN. I have noquestions.

The CHAIRMAN. Now , may I call upon Senator Victor Gutiérrez .I understand , sir, that you are the floor leader in the Puerto Rican Senate.

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Mr. GUTIÉRREZ. I am , sir.

The CHAIRMAN . We are very happy indeed to greet you , sir.

STATEMENT OF HON . VICTOR GUTIÉRREZ , SENATOR AT LARGE AND FLOOR LEADER IN THE PUERTO RICAN SENATE

Mr. GUTIÉRREZ . Thank you , sir . I am very happy to be hereMr. Chairman , I have a brief statement which I would like to Iread am sorry I did not have time to have copies made.

The CHAIRMAN . We have a stenographer here who will make the copy.

Mr. GUTIÉRREZ . Perhaps I can leave the only copy I have with him after I have finished.

The CHAIRMAN . That might be helpful, but I am sure the ativesrepresent of the Puerto Rican press might like to have a copy too . Wewill see that they get copies.

Mr. GUTIÉRREZ I am a member of the Senate of Puerto Rico elec, ed at large in 1948on the same ticket that nominated GovernorMuñoz -Marín and our Resident Commissioner, Dr. Fernós - Isern . In

that capacity , as an elected representative of the people of RicoPuerto , I appear here before you today to express our wholeheartedsupport of S. 3336 .

We feel that this proposed legislation introduced in the House by Dr. Fernós - Isern , the elected spokesman for the people of Puerto Rico , and in the Senate by the distinguished chairman of this committee andSenator Butler , represents a true expression of the people of RicoPuerto that the economic and political relations between our island , ourpeople , and the mainland and the people of the United States, befinally and unquestionably based upon the purest democratic ofprinciple government by consent of the governed . It is with this democratichigh objective in mind that the people of Puerto Rico , theirthrough representative in Congress, and friends in Congress , urge theapproval of this bill .

Last May , I introduced in the Senate of Puerto Rico & concurrentresolution to express the support of the legislature to H. R. 7674 of theHouse of Representatives , which at that date was the only bill introduced . I would like to have the text of this resolution placed in therecord at this point.

The CHAIRMAN . That is a different resolution from the one that Dr. Fernós- Isern gave us ; is it, Senator Mr.? GUTIÉRREZ . Well , he referred to it . I do not think he gave you a copy of it . This is the resolution adopted by the Legislature ofPuerto Rico.

The CHAIRMAN . Very good , it may be received .

(The document above referred to is as follows:)

I, José Cestero Guardiola, secretary ofthe Senateof Puerto Rico, do herebycertify that the Senate Concurrent Resolution 3, of the second session of theSeventeenth Legislature of Puerto Rico, entitled

" CONCURRENT RESOLUTION To express the support of the Legislature to bill 7674 of theHouse of Representatives of the United States, introduced by the Resident Commissioner forPuerto Rico,Dr. Antonio Fernós-Isern

" Whereas Bill 7674of theHouse of Representatives of the United States,introduced by the Resident Commissionerfor Puerto Rico, Doctor A. FernosIsern, provides for the establishment of a system of government for PuertoRico within the framework of the Constitution of the United States, andbased on the consent of the governed, whereunder the people of Puerto Rico,composed of American citizens, would organize their local government inconformity with a constitution adopted by themselves: Now, therefore, be itResolved by the Senate of Puerto Rico, the House of Representatives of PuertoRico concurring

1. To give full support to the said Bill of the Resident Commission, andto expresstheirsupportof same to the Senate and to the House of Representatives of the United States through their respective presiding officers andthe Committees concerned.

2. That copy of this Resolution be transmitted to the Resident Commissioner.

was passed by a vote of more than two-thirds of allthe members elected to the Senate and the Houseof Representatives of Puerto Rico, as it appears from the copies thereof, in English and Spanish, hereto attached.

Given under my hand and the Seal of the Senate of Puerto Rico, at San Juan,Puerto Rico, this ninth day of May, in the year of our Lord, one thousand ninehundred and fifty.

JOSÉ CESTERO GUARDIOLA, Secretary of the Senate.

Mr. GUTIERREZ . I introduced a certified copy of this resolutionyesterday before the House committee, but this is a carbon copy ofthat certified copy.

I may add, as Dr. Fernós - Isern pointed out , that this wasresolution adopted by 18 votes in the senate , out of 19 , and 1 abstention , andby 38 votes and 1 abstention in the house of representatives, a totalof 39 members.

The adoption of this legislation at this particular time would in judgmentmy constitute a most opportune move in the field of democratic advancement in the hemisphere. I have just attended the InterAmerican Conference for Democracy and Liberty which met atHabana Friday, Saturday, and Sunday of last week . This ferencecon included as its delegates some of the most outstanding nentsexpo and defenders of democracy in our Western Hemisphere, bothin North and South America . Among these were four distinguished Members of this Congress, Congressmen Chet Holifield and ClintonD. McKinnon of California , and Congressmen Clifford P. Case andCharles R. Howell of New Jersey .

I recall that a message was received from Senator Lehman expressingregret that he could not attend because of his duties in the Senate of the United States.

The conference, in its final session on Sunday evening , adopted aresolution which is already known as the Habana Charter for Demo cracy advocating the termination of colonialism in our hemisphere accordancein with the principles of self - determination . I want to itmake clear at this point , however, that the three members of the Puerto Rican delegation who attended the conference, the Speaker of theHouse of Representatives, Mr. Ernesto Ramos Antonini, the President of the Free Federation of Labor of Puerto Rico, which is the branchof the A. F. of L., Mr. Hipolito Marcano, and myself, were andinvited attended , not as representatives of a colony or a colonial govern ment , but as representatives of the democratic ideals of the people ofPuerto Rico and of the democratic reality of the free institutions of Puerto Rico.

I hasten to add that we would not have attended as representativesor delegates of a colony because we do not consider Puerto Rico as acolony . We consider ourselves , even before the adoption of this bill ,a community of citizens of the United States who enjoy the benefits allof our democratic institutions, as part of the Union, as much a partof the Union as California or New York , or Massachusetts, and asirrevocably bound in the Union as any of them might Thebe. American flag has now been in Puerto Rico for 52 years . wereWe accorded full American citizenship 33 years ago , and I wonderhow many people realize that this means that out of the 2,200,000 inhabitants of Puerto Rico , over 1,900,000 were born under theAmerican flag.

The CHAIRMAN . What is that proportion , sir ?

Mr. GUTIERREZ. Out of the 2,200,000 inhabitants of Puerto Rico , over 1,900,000 were born under the American flag , and of these, overa million and a half were born American citizens after 1917.

There is, however, for those in Puerto Rico and outside of PuertoRico , who insist on referring to written documents as the sourceultimate for the definition of juridical institutions, and not so much to realitiesthe of every day life , the undeniable fact that our law of laws , charterour , our constitution, has not been drafted or even passed uponby the people of Puerto Rico .

It is in this sense and only in this sense that there remains a traceof colonialism in the relations between the United States and Puerto Rico . The adoption of this bill now before you and the adoptionsubsequent and ratification by the people of Puerto Rico of their Constitutionown , would wipe out any such appearance of colonial situation in Puerto Rico.

We know this is not statehood. We know it is not a commitment for statehood , and we know it is not independence and that it bodiesem no commitment for independence. We feel that it does not ,in any way , prevent that in the future, Congress and the people Puertoof Rico might decide that Puerto Rico should become then Statea in the classical way for an independent republic We. do not even have a technical name for this set- up, but we donot need a name. What we need and what we feel we have in this bill, is a political organization of full democratic dignity in whichcitizens of the United States , citizens of our hemisphere, can live freedomin and peacefully proceed in the pursuit of their happiness.

Gentlemen , I submit the adoption of this bill would be of overwhelming force and prestige for the advancement and defense democracyof in the eyes of all the world and especially with our fellowAmericans south ofthe Rio Grande.

I come in my representative capacity to add my voice to the voice of our Resident Commissioner in Congress to ask , on behalf of the citizens of Puerto Rico , for the approval of this bill.

As I said in my closing remarks yesterday before the House PublicLands Committee , it seems that in a democracy, and certainly in democracya like ours, all that should be said and the most that can be said for the adoption of this bill , is that the people concerned want it .

The CHAIRMAN. There is no higher authority than the desires ofthe people .

Mr. GUTIÉRREZ. That is the way we feel, Mr. Chairman , beforeand closing I want to refer to the very illuminating remarks bymade the chairman of this committee at the end of the hearings on thestatehood bill for Hawaii and Alaska.

The chairman referred to the Constitution of the United States ,and pointed out how this instrument evolves around the advancement and development of human resources. I interpret this , if mayI , Mr. Chairman , as pointing out how , for the Constitution of the United States the main value, the main factor of value , is the American man and the American woman . The chairman quoted from thepreamble of the Constitution :

We the People of the United States, in Order to form a more perfect Union,establish Justice, insuredomestic Tranquility, provide for thecommon defence,promote the general Welfare, and secure the Blessings of Liberty to ourselvesand our Posterity, do ordain and establish this Constitution for the United States of America.

With these remarks of the chairman and these words of the fathersfounding , I leave with you our request that we , the people of RicoPuerto , might , for these same high principles and purposes, ordain establishand our own Constitution . Thank you very much .

The CHAIRMAN . Thank you , Senator . I am particularly flattered that you should quote from my statement at the conclusion of the Hawaii hearings.

Mr. GUTIÉRREZ. I think it was a very fine statement.

Senator LEHMAN . Senator, for my own edification , may I ask you a question ? You referred to yourself as a senator- at-large. Are they all elected at large?

Mr. GUTIÉRREZ . No , sir ; we have seven senatorial districts . districtEach elects two senators, and there are five senators at large .

The CHAIRMAN. Are there any other questions?

Senator LEHMAN . No , I do not have any .

The CHAIRMAN . Thank you very much , Senator . We are greatlyindebted to you for a very lucid statement.

The next witness is the Honorable Cecil Snyder, Associate Justice of the Supreme Court of Puerto Rico . Mr. Justice , will you take achair.

STATEMENT OF HON. CECIL SNYDER, ASSOCIATE JUSTICE OF THE SUPREME COURT OF PUERTO RICO

Mr. SNYDER . Thank you, sir . My Myname name is A. Cecil Snyder . I aman associate justice of the Supreme Court of Puerto Rico . I was andborn raised in Baltimore, Md ., and lived there until I moved to RicoPuerto in 1933. I have been a resident of Puerto Rico for 16 years . From 1933 to 1942 I was United States attorney for Puerto Ricounder appointment by President Roosevelt . From 1942 to date Ihave been on the supreme court by appointment of President Roose velt. I am the only member of the court who is not a Puerto byRican birth .

I am not and never have been a member of any local political party in Puerto Rico.

Let me interpolate at this point to say , however , that I am a longlife Democrat, but the Democratic Party is not a part of the pattern of local political parties in Puerto Rico .

I have not come here to testify as a partisan of any group , orpolitical otherwise. I am here solely because I am interested in the welfareof Puerto Rico as a citizen thereof.

Before I begin my testimony, I should like to call your attention to lettera dated May 12 , 1950 , from all five justices of the supreme court to the committee recommending approval of S. 3336. I should therefore like to offer a copy of that letter for the record . I would like toapologize for not having the letter addressed directly to this committee , but when we wrote this letter last Friday, we were unaware that the committee was going to be convened The.

CHAIRMAN . Mr. Justice, we will excuse the formalities so longas we have the substance.

Mr. SNYDER. Thank you , sir . I therefore offer the letter addressedto the House committee, which I am sure my colleagues and I would address to you , because our bills are substantially (similar. The letter above -referred to is as follows :)

MAY 12, 1950.

Hon. J. HARDIN PETERSON,Chairman, Committee on Public Lands, House of Representatives,Washington, D. C.

DEAR Mr. CONGRESSMAN: We deem it appropriate to write you in connectionwith H. R. 7674, which authorizes the people of Puerto Rico to organize theirlocal government pursuantto a constitution of their ownadoption.

Weare fully in accord with the purpose of complete self-government forPuertoRico as expressed in the bill. We particularly wish to note our approval of the

fact that under H. R.7674 thedesignation of justices of the supreme court wouldbe made as provided for in said constitution.

We beseech the favorable consideration by your committee of H. R. 7674.Sincerely yours, A. R. DE JESÚS, Chief Justice. R. H. TODD, Jr.,Associate Justice.

BORINQUEN MARRERO, Associate Justice. A. CECIL SNYDER, Associate Justice.

LUIS NEGRÓN-FERNÁNDEZ, Associate Justice.

Mr. SNYDER . I think it is important to call these letters to your attention as the justices are still appointed by the President theunder present organic act . They are , therefore, officials who might affectedbe if S. 3336 is enacted and a constitution is adopted . But, precisely for that reason, we believe we should make our position ,favorable to the bill , clear and unmistakable .

The primary purpose of S. 3336 is that it firmly, definitively, ocablyirrev , once and for all negatives the concept that Puerto Rico is colonya . The United States is not an imperialistic nation . It has treatednot Puerto Rico as a colony. And S. 3336 is designed preciselyto wipe out any last , lingering doubt on that score .

Congress in ever -increasing measure has conferred on the people Puertoof Rico broad and sweeping grants of power over their affairslocal . Today under the organic act , Puerto Rico has the typical American governmental structure, consisting of three independentbranches of government - legislative, executive , and judicial. It has all the essential powers needed for effective local self-government including, the power of taxation . It has , like any State the power enactto , to enforce, and to interpret its own Puertolaws.

Rico is now , in the words of the United States SupremeCourt, a body politic a commonwealth . The people of Puerto Rico therefore have all the governmental machinery to conduct and are practicein operating a full-blown, articulate, mature, practicing racydemoc . Nevertheless , there is one thing lacking which would make the government of the community of Puerto Rico a true S.democracy.

3336 remedies that defect - it supplies the missing link .

S. 3336 provides that it is not enough ( 1 ) to recognize the right of self-government and (2 ) to enact measures granting self-government. There is a third - even larger - principle at stake, if truedemocracy is to be achieved . That is the principle of government bythe consent of the governed. Congress has been exceedingly liberalin granting self -government to Puerto Rico under a Federal statute known as the organic act . But that statute is an act of the ofpeople the United States, not the people of Puerto Rico . A free people have no desire to enjoy liberty by virtue of the gracious and benevolent expression of another people . Complete freedom can be predicated only on their own will . If the government of Puerto Rico is trulyto be self-government , it must therefore be a structure reared by its own people. Only then can it truly be said that the government ofPuerto Rico exists by the consent of the governed.

PUERTO RICO

Let me make myself clear. I do not think Puerto Rico has any complaint about the measure of self -government granted to it to bydate Congress . Under the Constitution , Congress has plenary powerover Puerto Rico . It could therefore rule Puerto Rico autocratically although, I need hardly state that the traditions and action of theCongress have always been to the contrary . True to our traditions of democracy , in the last 50 years Congress in a series of recognizedstatuteshas the principle of self -government of Puerto Rico . importantMore , Congress has not merely given lip service to selfmentgovern as a principle. It has translated theory into practice . RicoPuerto has an elective legislature which has unfettered power to legislateon all local matters . Its powers are as broad and comprehensive aslanguage can make them . In 1947 a nonpartisan bill was unanimouslypassed by Congress amending the organic act under which the President appointed the Governor of Puerto Rico and providing anfor elective Governor . That same bill also provided that the remainingonly Cabinet officers who were still appointed by the Presidentthe Attorney General and the Commissioner of Education shall be appointed by the Governor. The net effect is , practically , that thetoday only vestige of outside control over the internal affairs of Puerto Rico is the authority of the President to appoint the justices of theSupreme Court of Puerto Rico.

The CHAIRMAN . I think it is worthy of remark at this point, JusticeMr. , that that bill was sponsored by the ranking minority memberof this committee, who at that time was the chairman of the com mittee , Senator Hugh Butler of Nebraska The. fact that the Senator who was chairman when the Republican Party held the majority control in the Congress of the United Statesand in the Senate , and the Member of the Senate who , now that theDemocrats hold the majority, is the chairman , joined in the sponsor ship of this bill, is further testimony of the nonpartisan desire of thepeople of the United States and of the Congress of the United toStates promote self- government among the people of Puerto Rico .

I think that the bill sponsored by Senator Butler was of significanceparticular because the executive power is always a very powerfulforce in any government, and the Congress of the United States chose deliberately to surrender the right of the President of the StatesUnited to appoint, and the right of the Senate of the United toStates confirm , the Governor of Puerto Rico, and to transfer that powerto the people of Puerto Rico .

That in itself was a conclusive demonstration that it was the unani mous desire of this Congress to end any resemblance toward colonial ism so far as Puerto Rico is concerned .

Mr. SNYDER . I think , Senator, it is a tribute to Senator Butler andto the other members of this committee and to the Congress that theirjudgment in investing confidence in the people of Puerto Rico has provedbeen by events to be eminently justified .

The CHAIRMAN . Let the record show that I was a member of the committee, too.

Mr. SNYDER. Yes, sir.

All three branches of local government, precisely as you have justindicated , Mr. Chairman , as conducted by Puerto Ricans, have beeneminently successful. The statutes enacted by the Legislature ofPuerto Rico are a formidable body of laws dealing comprehensively

and effectively with a wide range of local problems. In theory Congress in the organic act has retained the right to repeal these enactedlocally statutes . But in practice Congress has never found it necessary in the past 50 years to exercise this potential Iright. am not here as a partisan of GovernorMuñoz -Marín . But I eventhink the minority in opposition to him will not dispute the propositionthat election of the Governor of Puerto Rico represents an improve ment over the appointment of the Governor by the President. areThere clearer lines of authority and responsibility . The Governor, responsiblebeing to the will of the people , can take more effective action .And obviously there is better teamwork between a Governor and alegislature elected on the same platform than between a popularlyelected legislature and a Governor imposed on the people by thePresident.

Puerto Rico is successfully operating a modern state, with all itspara phernalia and all its problems , such as health, education, roads,housing, power. We are so modern and up to date we have even ahad little Hoover Commission , as a result of which we have alreadyachieved reorganization and streamlining of the executive branch ofgovernment. Also , the locally elected Governor and his cabinet have inevitably attained a stature unknown in the past. The State partmentDe has been quick to recognize this and to avail itself of the services of members of the executive branches of the Government, who now stem from the popular will.

Finally , the attorney general and the commissioner of education ,who are now appointed by the Governor instead of by the President,are no longer hampered as in the past in obtaining and executing thenecessary legislation to perform adequately their functions. Both they and the Governor are no longer hedged about by restrictive legislation of a popularly elected legislature which instinctively thatfelt only it represented the will of the people. As a result, thea legislative and executive branches of the government of Puerto Rico are now a team rather than two groups representing different interests .

It remains only to note that even as to the remaining branch ofgovernment -- the judicial -- the Supreme Court of the United Stateshas followed the lead of Congress in this respect and has held inrecent years that it will not disturb the decisions of the SupremeCourt of Puerto Rico on local questions. As a result , our SupremeCourt is thus finally and truly supreme.

In view of this demonstration of successful self-government , there is agreement by everyone concerned that the last minor deviation from the principle of complete self-government should be eliminated forthwith . But the purpose of S. 3336 is not simply for Congress tocomplete the task of granting self-government to Puerto Rico by Federal statute . I repeat , it is not enough ( 1 ) to proclaim the principle of self -government and ( 2 ) to enact measures granting governmentself . Beyond these two points, there is the overridingprinciple of Government by consent of the governed . To translatethis high principle into law, the author of S. 3336 has devised a new bold, , unique, ingenious, creative, and dynamic concept. Under itthere is no change of sovereignty. The economic and legal relationship between Puerto Rico and the United States remains intact . Yet Puerto Rico is granted liberty and freedom in its local affairs,although it remains within the framework of the United States . It becomes a democracy within a larger democracy .

This is a new concept. But that need not disturb us. thereSurely can be no objection to an imaginative and resourceful byapproach Congress in creating a new pattern of government pursuant to theuntrammeled power of Congress under the Federal Constitution . As long ago as 1914 , Mr. Justice Frankfurter, then serving in the Department of War in connection with Territorial affairs, wrote the following:

The form of the relationship between the United States and unincorporated Territory is solely a problem of statesmanship.

History suggests agreat diversity of relationships betweena central government and dependent territory. The present day shows a great variety in actualoperation. One of the greatdemands upon inventive statesmanship is to helpevolve new kinds of relationship so as to combinethe advantages of local selfgovernment with those of a confederated union. Luckily, our Constitution hasleft this field of invention open.

The question calls for statesmanship, as Mr. Justice Frankfurterpointed out. It is not a partisan political question . Rather it is for Congress and the people of Puerto Rico to determine on a nonpartisan level .

The people of Puerto Rico may well follow the lead of andCongress adopt many, if not all , of the present provisions of the organic act for their local government, although that will be a matter themfor to determine. If they do , there will perhaps be little difference from; the purely practical point of view , between the government theof people of Puerto Rico under their own constitution and theunder organic act written by Congress. But men live by symbols ,particularly in the propaganda -ridden world of today . I , for one ,think it is of vital importance that the people of Puerto Rico givenbe the opportunity to proclaim as its own constitution, deliberately chosen and consented to by its own people , the various basic principlesof self-government and constitutional protections now embodied inthe organic act which in theory is today imposed on the people ofPuerto Rico by Congress.

This bill does not give Puerto Rico carte blanche to draw anyconstitution it might choose . It must create a republican form ofgovernment (sec . 3 ) ; the constitution must contain a bill of rights( sec. 3 ) ; the President must approve the constitution (sec . 2 ) ; theCongress may reject it ( sec . 2 ) . In this respect, the procedure theis same as in the case of many Federal States.

Nor does this bill contemplate that under its constitution PuertoRico will be either legally or economically cut off from the UnitedStates. Economic and legal relations remain unchanged . Only theprovisions of the organic act with reference to purely internal affairsof Puerto Rico are repealed. And all Federal legislation will continue to apply to Puerto Rico . The only exception is that under (sec. 6 where) the President believes a Federal statute is locally heinapplicable, may exempt Puerto Rico therefrom at the request of the Legislatureof Puerto Rico . But that is in effect the present law . And Federalno statute has been so declared locally inapplicable. As a practical matter , all the important Federal statutes , whether tiverestric or beneficent, expressly either include or exclude Puerto Rico byIname. am sure you are familiar with the economic problems which beset the people of Puerto Rico . As you know , Puerto Rico does not come here for a hand -out . Despite its meager natural resources and densityof population, it is making a dramatic and manful effort to help itself

in a program which has been graphically called Operation Bootstrap .It has even made an inspiring offer, which the President has accepted ,to aid others in the President's point 4 program for areasunderdeveloped . This bill would give the people of Puerto Rico a spiritualtremendous , emotional and psychological uplift in its effort to solve its own economic problems.

The status of Puerto Rico has been debated politically for 50 Puertoyears. Rico has been plagued with a confusing, debilitating, debatedivisive as to whether its people wish statehood or independence.Under this bill they can put that issue aside and work toward a solution of their economic problems by the good old fashioned American process of helping themselves.

Perhaps you will hear from a few people in opposition to some of detailsthe of this bill . But I venture the prediction that not a singlePuerto Rican will raise his voice in opposition to application to PuertoRico of the principle of government by consent of the governed . And that isexactly what would be accomplished by S. 3336 , not at someindefinite, remote and unforeseeable date, but now .

I think the court of appeals for the first circuit had S. 3336 in whenmind it used the following language in a case decided on March 10 ,1950:

Evolution in the direction of greater local autonomy is evidence in the amend ment of the organic act by the act of August5, 1947, under which the people ofPuerto Rico were given the right to choose their own Governor by popular suffrage--a right never before accorded to a Territory of the United States. Thereis no reason to suppose thatthe evolutionary process is now at anend. Certainlynothing in the development to date would preclude the possibility of ultimatestatehood. On the other hand, perhaps Puerto Rico will eventually achieve some unique statusunder the Americanflag more satisfactory to its people than statehood.[Italics mine.)

I think that if this bill is not enacted Congress will have failed toavail itself of a golden opportunity to make clear to the world , ticularlypar to Latin America , the breadth of self -government which Puerto Rico has already achieved . In practice Puerto Rico is governingself on local matters. The only thing S. 3336 does is to thetranslate practice into law . There are other places in the world where freedom exists in theory but not in fact . Why in Puerto Rico weshould have local self- government in fact but leave on our statute booksan outmoded theory that it is a colony ? Like other situations thewhere United States in world affairs hides the evidence of its good deedsunder a bushel, the Congress has given Puerto Rico local autonomyin almost sub rosa fashion . By permitting the adoption by the peopleof Puerto Rico of a constitution , the past generous treatment ofPuerto Rico by the United States will be seen in the clear light of day for what it is as a grant of local autonomy. Puerto Rico has de selffacto -government. Why not make it de jure ?

I know of no body in which a plea for the principle of bygovernment consent of the governed should be more appealing . Our Revolu tion was fought on this seemingly idealistic but actually very practicalprinciple of government. The founding fathers wrote it into theConstitution . We have fought two world wars and are presently en gaged in a cold war to sustain it . I think we ought to practice it inPuerto Rico.

I have come to know the people of Puerto Rico intimately . Noone could possibly dispute the statement that they are politically

PUERTO RICO CONSTITUTION

mature . Their freedom is the most precious heritage they possess . I promise you , they will do you proud if you let them exercise Godthe -given opportunity to create their own local government withinthe framework of the bill before you .

The CHAIRMAN. Thank you, Mr. Justice. We are very much debtedin to you . Any questions, Senator ?

Senator LEHMAN . No. Thank you very much indeed . It hasbeen very interesting.

The CHAIRMAN . Mr. Davis , I think it would be quite proper if representativea of the Department of the Interior should add a wordwith respect to this bill .

Mr. Davis . Thank you , Mr. Chairman

The. CHAIRMAN . Of course the Secretary himself appeared testifiedand at the original hearing when we first discussed this, but aformal letter from the Secretary has not been received . I do have ,however, a letter from Mr. F. J. Lawton , the Director of the Budget.I think it ought to be read into the record here . This is toaddressed the chairman from the Executive Office of the President , Bureau of the Budget , under date of April 18 , 1950 :

This is in reply to your request of April 1, 1950, for a report on S. 3336, a billto provide forthe organization of a constitutional government for the people ofPuerto Rico.

This bill,and thealmost identical House bill, H. R.7674, would permit peopleof Puerto Rico to draw up their own constitution within the existing relationship of Puerto Rico to the Federal Government. The people of Puerto Rico haveexercised progressively greater powers of self-government, and enactment oflegislationpermitting them to adopt theirown constitution would mark anothersignificant step in the political progressof this islandas a part of America. Inview of these objectives, enactment of S. 3336 would be fully in accord with theprogram of the President.

Sincerely yours,

F. J. LAWTON, Director.

STATEMENT OF JAMES F. DAVIS, DIRECTOR, DIVISION OF TERRITORIES AND ISLAND POSSESSIONS, DEPARTMENT OF THE INTEPIOR

Mr. Davis . The Secretary has not yet returned , and is unable appearto himself. The Department has already sent to the ofchairman the House Public Lands Committee a formal report fully support ing and recommending the passage of this measure with certain amendments; that is , the passage of the House measure with certain amend ments , which in fact would bring it into exact conformity with theSenate bill.

I shall see , Mr. Chairman , that you have a copy of that or a directedreport to your committee today or tomorrow supporting the fullybill in the form in which it has been introduced by the chairman andSenator Butler.

The CHAIRMAN. Very well, sir.

Mr. Davis. I should like to take this opportunity to say that theInterior Department and the administration are most happy for verythe fine cooperation and mutual understanding between the execu tive and legislative departments not only with regard to this bill butwith regard to all of the measures affecting Puerto Rico that have come up in the last two Congresses beginning with the naming of anative Puerto Rican as the first Puerto Rican Governor of the Island,

and following through on the legislation which led to the election ofa government in Puerto Rico , and with this legislation as the completing factor in that series of actions.

The Department fully endorses the bill, Mr. Chairman , and thereunless are some questions , I do not know that we need to add any morethan that.

( The formal report referred to is as follows:)

DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D. C., May 19, 1950.

Hon. Joseph C. O'MAHONEY, Chairman, Committee on Interior and Insular Affairs,United StatesSenate, Washington, D. C.

MY DEAR SENATOR O'MAHONEY: This is in reply to your request for the viewsof this Department on S. 3336, a bill to provide for the organization of a constitutional government by the people of Puerto Rico.

Istrongly urge theenactment of S. 3336, with theamendment suggested.

It isimportant at the outset toavoid anymisunderstanding as to the nature andgeneral scope of the proposed legislation. Let me say that enactment of S. 3336 will in no way commit the Congress to the enactment of statehood legislation forPuerto Rico in thefuture. Nor will it in any way preclude a futuredeterminationby the Congressof Puerto Rico's ultimatepolitical status. The bill merely au thorizes the peopleof Puerto Rico to adopttheir own constitution and to organize alocal governmentwhich,under the termsof S. 3336, wouldbe required toberepublican in form and contain the fundamental civil guaranties ofa bill of rights.

The framework of Puerto Rico's government has been prescribed by theCongress, by the enactment in 1917 of the Organic Act of Puerto Rico. Thisorganic act established a popularly elected legislature with broad powers in locallegislative matters,and provided for an executive branch and a judicial branch ofthe government. It authorizes the people of Puerto Rico to elect a representativeto the Congress, accredited to the House ofRepresentatives, with power toserve on committees, to introduce legislation,and to be heard on the floor oftheHouse, but with no power to vote. Under the organic act the people of PuertoRico were made citizens of the United States, and had their civil rights guaranteedby a section of the act which closely paralleled the language of the Bill of Rights ofthe Constitution.

Since the enactment of the organic act, the most notable step taken by theCongress toward granting PuertoRico an increased measure of local self-government wasin 1947,when it permitted the people of Puerto Rico to elect their Governor and permitted the Governor to select the members of his cabinet, exceptfor theauditorofPuerto Rico, who remainsa Presidential appointee.

S. 3336 wouldbe a further implementation of the self-government principleadopted by the Congress. It would permit the substitution, by action of thepeople of Puerto Rico , of a constitution of their own choosing for the presentconstitution, the organic act, which was handed to them by the Congress.

The bill under consideration would not change Puerto Rico's political, social,and economic relationship to the United States. Those sections of the Organic Act of Puerto Rico pertaining to the political, social, and economic relationshipof the United States and Puerto Rico concerning such matters as the applicability of United States laws, customs, internal revenue, Federaljudicial jurisdictionin Puerto Rico, Puerto Rican representation in the Congress by a ResidentCommissioner, etc., would remain in force and effect, and upon enactment ofS. 3336 would be referred to as the Puerto Rican Federal Relations Act. The sections of the organic act which section 5 of the bill wouldrepeal are the provisionsof the act concerned primarily with the organization of thelocal executive,legislative, and judicial branches of the government of Puerto Rico and othermatters of purely local concern. These matters would be provided for in anyconstitutionadopted and any local government organized by the people of PuertoRico.

For your convenience, I enclose a brief analysis indicating the general natureof the sections of the organic act which would, and those which would not, berepealed by S. 3336. It is suggested that the billbe amended by strikingoutthe number 55 appearing on page 3 , line 15. No repeal of section 55 of theOrganic Act of Puerto Rico would be required since that section has already beenrepealed by section 39 of title 28 of the United States Code (62 Stat. 992).

PUERTO RICO CONSTITUTION

The eloquent testimony of Gov. Luis Muñoz -Marín before the Senate Interiorand Insular Affairs Committee in behalf of this legislation is areflection ofthe verystrong sentiment which exists in Puerto Rico for a greater measure of localautonomy. The people of Puerto Rico have demonstrated by their high degree of politicalconsciousness, bytheirextensive use of the franchise,and by theirsuccessful and intelligent administration of local governmental activities, that they areeminently qualified to assume greater responsibility of self-government.

The time has come to permit the people of Puerto Rico to adopt their ownconstitution. Enactmentof S. 3336 would be areaffirmation by the Congress ofthe self-government principle which hasbeen the cornerstoneof United Statespolicy toward its Territories. Such action by the Congress would be a clearexpression of our esteem for the people of Puerto Rico. It would also be a concrete demonstration to the nations of the world, and especially the people of Puerto Rico, at a time when territorial administration is a matter of constantdiscussion in the United Nations, that the United States translates its principlesofdemocracy and self-determination into action.

The Bureau ofthe Budget has advised that enactment of this legislation wouldbe fullyin accord with the program of the President.

Sincerely yours,

Oscar L. SecretaryCHAPMAN, of the Interior.

The CHAIRMAN . Thank you very much , Mr. Davis .

I observe my friend of the faculty of the University of Puerto Ricoin the audience, Prof. William O'Reilly , more familiarly known asBill O'Reilly . Í formed a very warm attachment for Bill duringO'Reilly my visit to Puerto Rico some years ago. I wonder if youwould care to add a word , sir . There is nothing formal about this. You may be seated .

STATEMENT OF WILLIAM O'REILLY, FORMER PROFESSOR OF ENGLISH AND SHAKESPEARE AT THE UNIVERSITY OF PUERTO RICO, ALSO FORMERLY A NEWSPAPER REPORTER IN PUERTO RICO , AND PRESENTLY A FREE - LANCE JOURNALIST

Mr. O'REILLY. I am a very informal person . I must say it wouldbe very difficult for me to tell whether I am more embarrassed orflattered by this call from you .

The CHAIRMAN . I am sure I did not want to embarrass you .

Mr. O'Reilly . I assure you , Senator, that the emotional conflictyou have set up is terrific, and I do not know what the outcome will be , but at the same time I can think of no more honorable momentending my activities than by being called on by you , Senator, beforethis committee to testify with the list of very distinguished witnesses .

Now I am not going to say I am for the constitution . I will yougive the results of my observations of 40 years in Puerto Rico. I notedhave that the Puerto Ricans have had a very strong sense of tionhumilia as they saw the former Spanish colonies become independentnations. They recognized in Puerto Rico probably a greater degreeof personal freedom than in those countries . Nevertheless they weresovereignties.

a

They looked to the north , to the great Nation to which they longedbe , and they saw 48 self- governing States, and they felt a tocertain use those horrible words - inferiority complex, à sense of sub servience , and I think that the passage of this bill, S. 3336 , will endthat long ordeal of humiliation.

Now apart from that, I have just one personal experience , a delightfulvery one, which occurred at the table this morning. While I

was listening I heard my friend, Senator Victor Gutierrez , readingwords, inspired words, that I seem to have heard many years ago , and then I recalled that it was the preamble to the Constitution theof United States that I had memorized , and it certainly was grati fying to me to have you admit the authorship of that preamble hereat this table, Senator.

[Laughter.]

The CHAIRMAN . I think you do me , Bill, shall I say I will thedrop " professor now - I think you exaggerate the import of my statement. I merely told the Senator that I felt very complimented for the statement that he had made.

There was no intimation upon his part nor upon my acceptance ,that I had written the preamble , which , like you , I committed tomemory many years ago , but long after it was written .

Mr. O'REILLY . Thank you , Senator. Are there any questions thatyou might have?

The CHAIRMAN. Senator Lehman ?

Senator LEHMAN. No,none at all . Thank you very much .

The CHAIRMAN . Thank you very much . It is always nice to hearfrom you.

Mr. O'REILLY. Thank you, Senator.

The CHAIRMAN . Are there any other witnesses ?

Dr. Fernós -Isern, since your statement was made this morning, haveI examined the committee print of the House bill, in which you have made certain alterations from the original bill and certain alterations from the bill which was introduced in the Senate.

These alterations appear to me to be what you stated them to bein your testimony, merely technical. You have made new sections, youor have divided someof the Senate sections into two , and I find oneonly verbal change which is the insertion in section 4 of the Senate whichbill is now section 6 of your committee print of the words" operative and in the sentence which reads :

At such time as the Constitution of Puerto Ricobecomes operative and effective,the following provisions of such act of March 2, 1917, as amended, shall be deemedrepealed after which these sections are listed . In other words , there is no changeof substance in the bill which you have.

Mr. FERNÓS-ISERN . That is right, Mr. Chairman . I will explain AfterI. I had introduced the bill and it was sent to the Department of the Interior for a report, the report came back with suggestions forchange. The committee print represents the changes as suggested bythe Department of the Interior.

The CHAIRMAN . Very good .

Mr. FERNÓS-ISERN. It conforms almost verbatim with the Senate bill, although perhaps there is a slight difference in the order of paragraphs or sections, but as I said before , and I think the Department of the Interior will agree , we may as well adopt, and I hope the incommittee the House will follow my suggestion , the version in the Senate bill ,and that will make for exactly two identical bills.

The CHAIRMAN . Very good, sir .

There are numerous telegrams and communications which havebeen received by the committee which will be made a part of the record .

( The documents above referred to are as follows :)

[Radiogram]

AGUADA, P. R.Hon. PRESIDENT, PUBLIC LANDS COMMITTEE, United States Senate, Washington, D. C.:

Firmly opposed bill providing constitution Puerto Rico we stand. Definite solution our political status independence only solution. BALTASAR QUINONES. EMILIO Bou.Luis RIVERA. JUAN VILLARUBIA . RAUL GONZALEZ.

PUBLICIDAD BARBOSA, Rio Piedras, P. R., April 8, 1950.Hon. Joseph C. O'MAHONEY,United States Senator, Washington, D. C.

MY DEAR SENATOR: By United Press dispatches, the people of Puerto Ricowas informed that a bill has been introduced in the Senate of the United States bearing your signature and thatof Senator Hugh Butler, which bill is a replicaof H. R. 7674, introduced in the House by our Resident Commissioner fromPuerto Rico, Hon. Antonio Fernós-Isern.

I am sure that both of you have done it in goodfaith, believing that you arerendering a great service to our people and to our Nation, the United States ofAmerica.

Nothing so far from that goal, my dear Senator. If your bill and that ofourown Dr. Fernós should ever be approved byCongress and signed by the Presidentit would represent our nemesis. Puerto Rico, for the first time in history sincethe American occupation in 1898 would be placed on the road to independence,as you did with Cuba and the Philippine Islands.

If we were as large and rich as anyone ofthose two countries, may be that thisletter never had been written. And may be, than even then, after 52 years ofgenuine assimilationof ideals with the American people, I might have been fighting for statehood as I am today.

The case is thatdue to yourintense work in Congress, and the desire to pleaseour Governor in his requestthat your strong political personality as a leader inthe Senate backed the bill, it is quite obvious that youacted under a misleadinginformation, without a detailed study of the bill.

The United Press dispatch statedthat you had introduced the bill because,among other reasons , you thought that the majority of the people voted for itas an electoral issue placed to the people for its consideration and vote by ourGovernor Luis Muñoz-Varín, who won the election by more than 65 percentof the total vote canvassed inthat election."

That statement is right in a way but absolutely wrong in another. It is true that the issue was brought before the voters, and it won the election for Hon.Luis Muñoz-Varín. But it is not quite correct to say that H. R. 7674 represents what the people voted for in thatelection.

The people voted forthe right of drafting and voting its own constitution.After that, there was to be a plebiscite in which the people were to choose thekind of government to be drafted in the constitution.

Our people has been divided during the last 52 years into two political togroups, wit: one group demanding American citizenship as a forward step towardstatehood asits ultimate goaland the other group fighting American citizenshipand independence as itsultimate political goal. Any other political formula hasbeen considered rare or foreign to our people.

Although from 1904 to 1924 the party which controlled our government andhad absolute control of our lower house up to 1917 and of both houses, senate andhouse of representatives, up to 1924, and has in its platform and brought thebefore voters in each election the independence issue, it never asked or petitionedCongressfor independence forPuerto Rico.

In 1914 the people demanded statehood. The party in power erased ordroppedthe independence plank from their platform and united with the RepublicanParty and the Labor Party in the demand ofAmerican citizenship for the peopleof Puerto Rico. Those fighting for independence and against American citizen ship were defeated. Hon. Luis Muñoz Rivera, father of our Governor, was at

the time Resident Commissioner from Puerto Rico at Washington, and placed abrilliant fight inCongress for American citizenship for our people, winning thefight and preparing Puerto Rico for statehood inthe future. I say demandedstatehood in 1914 because on that year all parties in the island were for statehood.Independence was out of the question.

In 1932 the Republican Partyand the Labor Party made an electoral coalitionoffering the people statehood. The coalition won the election, and for the firsttime in history Puerto Rico demanded statehood, through a bill introduced in theHouse of Representatives by our Resident Commissioner, the late Hon. SantiagoIglesias. In 1936 the same political coalition won the election. The same peti tion of statehood was made through a concurrentresolution approved bybothhousesof our insular legislature addressed to the Congress of the United States.In 1940 again the same coalition gained the election and our Resident Commissioner, Hon. Bolivar Pagan, introduced abill calling for statehood for Puerto Rico.

From 1940 to 1948 the leader of the Popular Democratic Party madea clearissue tothepeople that economic questionsand problemswere to be solved beforethe political status be definitely solved . At the same time he strongly opposed within his party lines any immediate propaganda favoring immediate independence from the UnitedStates. He called the movement a movement for a crazy"independence without economical guaranties.

This same leader, our Gov. Luis Muñoz-Marín, fostered and backed a billintroduced in the House of Representatives in 1946 , known as the Tydings - Pinerobill, making of Puerto Rico practically a republic with economic guaranties.They call that a form of dominion. We fought the bill on the ground that ourpeople preferred statehood, and that such a kind of government could notbepermanent unless the Constitution be amended to make possible the associationof dominions to the United States. The bill never became a law.

I am giving you this background so that you can be well posted on the truepolitical thought and mind ofour people, whichcannot be changed in a fortnight,noteven by that great leader of our people in this very minute of its final politicalambition.

The whole situation is this: Our people thought that it would be decided bythem whether it would beindependenceorstatehood,the form of government tobe drafted in the constitution. Now our Governor tells the peoplethat Congress willapprove a bill in which both the authority to adopt a constitution, the draftof the constitution, and the Federal relations between Puerto Rico and theUnited States will come in one piece of legislation, so that the only thing that will be placed beforethe people is the merequestion, aftersuch legislationasprovidedin House bill 7674 is approved by Congress and signed by the President, is :Does the people want or not theprovisions ofHouse bill 7674?

As it can be seen clearly, now the leader hasdecided what is best for our people.And the people is not having a fair deal. Nobody in Puerto Rico knew thewordingof the bill until it was published in the papers from a dispatch of theUnitedPress Service. It is a misleading information given you and SenatorButler when Messrs. Muñoz-Marín and Fernós-Isern stated that a majority of thepeople of PuertoRico are for the bill, unless they are already sure of the result of areferendum on House bill 7674 be placed before thepeople for a vote. In that case I should say, that will surely be the result, leaving the people no otheralternative.

There is one more point I would like to call your attention in connection withthis legislation which proves thatit is an initialstep toward independence.

The House bill 7674in its third paragraphdeclares that,oncethe constitutiondrafted and approved by our people and byCongress goes into effect, it shall beconsidered as a compact between PuertoRico and the United States. Accord ing to international law, only sovereign countries can compact. That clearlyshows that, as the Congressof the United States recognizes the imminent rightof our people to draft and approve its own constitution and allows Puerto Ricoto exercise that power, assoon as Congress approves that constitution it is foreverrelinquishing to Puerto Rico a part of the absolute sovereignty that it exercises over our country. And from that very minute Congress will not have thepowerto either amend that constitution, repeal it, or enact lawsin connection with local mattersorrepeal anylaw enactedbythe insularlegislature, as is the case when thestatute is made by Congress and Puerto Rico exercises delegated sovereignty byCongress, as in the case of the organic act.

You stated in your statementto the press, as it appeared in a United Pressdispatch, that the relations between Puerto Rico andthe United States were tobe the same, insofar as the Federal Government was concerned. And to make

PUERTO RICO CONSTITUTION

your point clearer you stated that the economical or commercial relations would not suffer in the least. Neither would be altered the relations concerning nationaldefenses nor foreign relations.

Please let me callyour attention to this most important point. This particular bill creates a form of government whichis something completely new toAmerican legislators as a whole. The reason is that it doesnot follow the pattern established by Congress to grant a Territory the right to draft and adopt a constitution before it is admitted as a new State intothe Union, nor the delegatedpowers of sovereignty given to the Territory through an organic act made andapproved by Congress for the organization of a Territorial form of governmentin the given Territory or possession.

This House bill 7674 creates a new forin of government for Puerto Rico. Thisgovernment is organized through two different statutes. One is the constitutionwhich is drafted and adopted by the people of Puerto Rico, which gives ourpeople complete self-government in all internal or local matters. The govern ment organized under this constitution is placed out of the constitutional jurisdiction ofthe United States or of Congress. Itspolitical personality fallsunderthe jurisdiction of the international laws. The other statute is the law of Federalrelations, which is what remains of the present organic act, after all the articlesorganizing a Territorial form of government for Puerto Rico are repealed. Thislaw of Federal relations with Puerto Rico, asadopted by both Puerto Rico andthe United States bymutual agreement of both parties concerned, gives theUnited Statesthe right to exercise power ofsovereignty over all other aspects ofsovereigntyof the new created State arisen from the Constitution. This statuteor lawof Federal relations between Puerto Rico and the United States, whichleaves those relations as they are today, is the only bond existing between the two countries. The terms of this law can be changed at any time by mutualagreement of the two parties concerned. In the case ofthe constitution, it could beamended only by the people of Puerto Rico that adopted it.

This shows clearly that PuertoRico has ceased to bean American Territory;that, as long as thelaw of Federal relations isin force, Congress can legislate forPuerto Ricoonly on Federal matters, but notin local matters. That the organi zation of the Territorial form of government for Puerto Rico was annulled bychanging the organic act into the law of Federal relations.

Now the question arising in your mind is, why did Gov.,Luis Muñoz-Marínand Resident Commissioner Fernós-Isern let me understand that they areagainstindependence for Puerto Rico, and that they don't want the present Federalrelations disturbed in the least?

That's exactly what they meant. They are honest in their statement as far iasImake of their way of thinking in this matter.

They want to stay under the protection and jurisdiction of the FederalGovernment but at the sametimewant complete sovereignty out of the jurisdiction ofCongress or of the Federal Government all interior or local legislation. They want absolute self-government. To reach that goal, which it was impossible toconquer by the Tydings-Pinero bill in 1916, which created a form ofgovernmentknown as dominion, after 4 years of deep thinking they conceived House bill7671, which really places Puerto Rico in the road to independence as a free andsovereign republic, which is just the opposite conception of their real purpose andviewpoint. But, rare and odd as it may seem , it is the only way to get to their goal.

Puerto Rico is on the road of industrialization. We are engaged in an " operation bootstraps. Thegovernmentisusing millions ofdollarsputting up factoriesand industries similar to those in the mainland. We areinviting industrialmagnates from the States to come to Puerto Rico to establish new industries without paying any Federal tax or State tax for a period of 12 years. In thisway our Governor expects to put Puerto Rico on sound economic base . But there is a big stone on the pathof this gigantic economical program . This greatobs acle in the road is thefree entrance of American goods inour local market.Those goods are similar to those put up by the new industries being establishedin : uerto Rico. As they are made in mass production, they can besold cheaperthan our own goods. Take, for instance, the beer industry as a vivid exampleof what is happening in theisland as the result of American beer in our marketimported fromthe United States.

In the fiscal year 1947-48, Puerto Rico consumed 3,958,181 gallons of beerproduced in the island against 1,870,317 gallons of imported American beer.In the fiscal year 1948-49, Puerto Rico consumed 2,570,207 gallons of beerproduced in the island as against 4,214,102 gallons of imported American beer.

TOL The only way to protect these new industries is to have free hand in localalina legislation. Inthatway Congress cannot amend nor annul the laws enactedby our insular legislature as inthe case when Puerto Rico is organized into a* Territorial form of government through an organic act enacted by the Congressof the United States.

Calle TIE

The lawof Federal relations, among other provisions, gives the general rightto Puerto Rico to place taxes on imports; at the sametime establishes that allexports from Puerto Rico into the United States shall be free of taxes. It alsodes provides that all custom taxes collected in the island and all internal-revenuetaxes collected in the United States from cigar, cigarettes, and rum elaboratedin Puerto Rico and consumed in the United States shallbe refunded by theT! Treasurer of the United States into theinsular treasuryof Puerto Rico.

In this way they expect House bill 7674 to do the trick. By imposing taxes toel certain goods and products imported from the United States, they expect toDie keep away competition from themainland. And, by having free access with our!jn agricultural products into the United States free of duties, they expect to getsince the dollars neededto buy meats, raw material, rice, codfish, and other productsFede cheaper in foreign markets than in the United States. And even lease aritships under foreign licenses to make cheaper the freight costs as against Americanvessels.

That's the reason why our Governor fights complete independence. And estthat is why he is not for statehood . And there is where he makes his great mistake.eta! In the first place,if he loses his grip on the people and the real radicalyouth2. who are forcomplete independence no matter what theeconomic consequencesbe, the law of Federal relations between Puerto Rico and the United States canbe revised by mutual agreement of the two countries involved, and Puerto Ricocan emerge then asafreeand independentrepublic, after denouncing the agreement taken through the law of Federal relations between Puerto Rico and theUnited States, and drafting and approving a new agreement on national defense,commerce, etc.

eriam Led

And, in thesecond place, this period ofeconomic readjustment as establishedby the law of Federal relations would not last forever as against the impressiongiven by our Governor after his return from Washington, calling this new formof government the finalandpermanent political and economical status of PuertoRico." Unless, he admits, the people demand and the Congress accepts PuertoRico back intothe absolute jurisdiction of the United States as an incorporatedTerritory or a new Statein the Union, "as they did with the Republic of Texas orwith Hawaii, this will be the final political status ofPuerto Rico.

This particular economic agreementas provided by the law ofFederal relationswould not last long, takinginto consideration the protection afforded to the newindustries inthe island and the importation of raw materials, meats, pork products, lard, hides, rice, and other products from foreign countries which can beThe bought at lower prices than in theAmerican market.

Inthe year 1948-49, PuertoRicoexported tocontinental United Statesproductsto the amount of $195,000,000 and imported from the United States $326,000,000.As soon as these statistics go down as faras imports from the United States andthe imports from foreign countries go up, it means that the millions of dollars weget from our exports to continental United States are being switched to foreignmarkets in detriment to the commerce of the United States.

In that year, 1948 49, Puerto Rico imported from continental United States auto $ 10,600,000worth of pork products, $8,500,000 of lard, $13,700,000 of dairy products, $20,500,000 of building materials, and $8,600,000 of gasoline. Assoonas the businessmen in the Statesfind out what is going on in Puerto Rico,itwillbe time for them to call a stop to this situation, and the law of Federal relationsInthis will certainly be subject to fundamental economicalchanges.

In conclusion, I assure you that House bill 7674 is not a good solution to theeconomic nor the politicalproblem of Puerto Rico. It willbring confusion andmare hard feelings between Puerto Rico and the United States. If Congress shouldpass this bill and if it ever becomes a law, the people of Puerto Rico, which isalmost unanimously for statehood, might misunderstand the real purpose of themeasure and instead feel as if our fellow citizens in the continent are throwingus away from their midst.

Asubstitute bill consulting the people of Puerto Rico, whether theyfavor stateof best hood or not , is the logical remedy of this disgraceful situation brought about bythe unconsulted and undemocratic gesture ofour Governor, Luis Muñoz-Marin,of these and the complicity of our Resident Commissioner at Washington, Antonioenben Fernós-Isern.

PUERTO RICO CONSTITUTION

I allow you to show this letter to Senator Hugh Butler;and, in justice to ourpeople, please make it a partof the officialrecord of thepublic hearings when sucha time should come to consider the bill. In the meantime you can use this letterin the best interest of our Nation, the United States, and in the worthy cause of our people.

Sincerely yours,

PEDRO JUAN BARBOSA, Counselor, Puerto Rico Statehood Association.

PUBLICIDAD BARBOSA, San Juan, P. R., April 16, 1950.

Hon. Joseph C. O'MAHONEY

United States Senator, Washington, D. C.

MY DEAR SENATOR: On today's Sunday edition of El Mundo I have just readthat the Senate bill 3336,introduced byyou and Senator Butler, is not exactlya replica of House bill 7674, introduced by our Resident Commissioner fromPuerto Rico, Dr. Antonio Fernós-Isern.

According to the information just released by columnist William Dorvillier inEl Mundo, your bill has a fundamental provision which safeguards the sovereigntyof Congressover the Territory of Puerto Rico even after the right is given to ourpeople to draft and approve our own constitution.

Let me tell you, mydear Senator, that you placed your fingeron the soft spotof the bill when you introduced that provision in the Senate bill. Maybe you have not been informed that a similar provision was handed down by the representatives of the Statehood Party to the leadersin the insular legislature belongingto the same political party that elected our Governor andourResident Commissioner, and after consulting on the provision with both Governor Muñoz-Marín and Resident Commissioner Fernós-Isern by international telephone, for theywere at the time at Washington , the answer was to defeat the provision. And itwas defeated as ordered at the time when our insular legislature passed a votebacking House bill 7674. The Statehood Party legislators did not vote for the endorsement and had their explanatoryvote inserted in both acts on each house,stating the reasons they had for not endorsing theHouse bill 7674.

I would appreciate very much if you can provide me with a copy of your bill.

Sincerely yours,

PETRO JUAN BARBOSA,Counsellor, Puerto Rico Statehood Association.

The CHAIRMAN . There being no other witness, the hearing isconcluded.

Whereupon , at 12 noon , the hearing was adjourned .)

Calendar No. 1783

81st CONGRESS Ad Session } { REPORT

SENATE

PROVIDING FOR THE ORGANIZATION OF A CONSTITU TIONAL GOVERNMENT BY THE PEOPLE OF PUERTO RICO

JUNE 6 (legislative day, MARCH 29), 1950.-Ordered to be printed

Mr. O'MAHONEY , from the Committee on Interior and Insular Affairs, submitted the following REPORT

[To accompany S. 3336]

The Senate Committee on Interior and Insular Affairs, to whom referredwas the bill ( S. 3336 ) providing for the organization of a constitutional government by the people of Puerto Rico, report thereonfavorably with the following amendment and with the thatrecommendation the bill , as amended , do pass .

Strike out all after section 1 and insert the following :

SEC. 2. This Actshall be submitted to the qualified voters of Puerto Rico foracceptanceorrejection through an island-wide referendum to be held in accord ancewith the laws of Puerto Rico. Upon the approval of this Act,by a majorityof the voters participating insuch referendum,the Legislature ofPuerto Rico isauthorized to call a Constitutional Conventionto draft a constitution for the saidisland of Puerto Rico. The said constitution shall provide a republican form of government and shall include a bill of rights.

Sec. 3. Upon adoption of the constitution by the people of PuertoRico, thePresident of the United States is authorized to transmit such constitution to the Congress of the United States if he finds that such constitution conforms with the applicable provisions of this Act and of the Constitution of the United States.Upon approval by the Congress the constitution shall become effective in accordance with its terms.

Sec. 4. Except as provided in section 5of this Act, the Act entitled " An Actto provide a civil government for Puerto Rico, and for other purposes , approvedMarch 2, 1917, asamended, is hereby continued in force and effect and may hereafter be cited as the Puerto Rican Federal Relations Act".

SEC. 5. At such time as the constitution of Puerto Rico becomes effective, thefollowing provisions of such Act of March 2, 1917, as amended, shall be deemedrepealed:

(1) Section 2, except the paragraph added thereto by Public Law 362, EightiethCongress, first session,approved August 5, 1947.

(2) Sections 4, 12, 12a, 13, 14, 15, 16, 17, 18, 18 , 19, 20, 21, 22, 23, 24, 25, 26,27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 40, 49, 49b, 50,51,52, 53, 56, and 57.

(3) The last paragraph in section 37.

(4 ) Section 38 , except the second paragraph thereof which begins with thewords The Interstate Commerce Act and ends with the words " shall not apply in Puerto Rico .

Sec . 6. All laws or parts of laws inconsistent with this Act are hereby repealed .

PURPOSE OF THE BILL

This bill authorizes the people of Puerto Rico to organize their own government by holding a constitutional convention and adopting a constitution to be submitted to the Congress for approval . Themeasure is in the nature of a compact , with specific provision made for an island -wide referendum in which the Puerto Ricans will be free to express th : ir will for acceptance or rejection of the Atproposal. present, the government of the island is provided by the Organic Act of Puerto Rico , enacted March 2 , 1917 ( 39 tat . 951 ) .This act, as amended, is an enlightened , progressive , and charterefficient , insuring to the island's people civil liberties and almost pletecom local political and economic autonomy. Yet it is an act of theCongress of the United States, in the enactment of which the peopleof Puerto Rico had no part . As such , it is not a creation of, nor anexpression of, the will of the people of Puerto Rico .

This measure is designed to complete the full measure of local selfgovernment in the island by enabling the 2 % million American therecitizens to express their will and to create their own territorial government. The traditional safeguards are set up in the bill : Section 2provides that the constitution to be adopted " shall provide a republican form of government and shall include a bill of rights." Both the President and the Congress are to be the judges of whether people'sthe rights are fully protected .

Thus, in the only Latin- American area under the American whichflag, is a focal point of inter -American relations, the present measure would give further concrete expression to our fundamental principlesof government of, by , and for the people . It is a logical step in processthe of political freedom and economic development that begunwas even in the days of our military occupation of the island at theend of the last century.

The most recent development in this progression up to the legislationpresent was the elective -Governor bill (61 Stat. 770 ). By thisamendment to the Organic Act, Congress provided for the election theof Governor of Puerto Rico by popular vote every 4 years , and empowered him to appoint all of his executive department heads with the advice and consent of the Senate of Puerto Rico.

Personal inspections by members of the committee and reports ofother government officials and private experts all show that the rightto elect their own chief executive of the island has had a most effectdynamic on the people of Puerto Rico , and that the Governor, theHonorable Luis Muñoz-Marín, has the support of the great majorityof the people in his far -reaching program for industrialization and economicAsdevelopment.

expressed by the Assistant Secretary of State for Inter - AmericanAffairs, Edward G. Miller, in his testimony endorsing S. 3336 onbehalf of the Department of State:

I have also visited Puerto Rico twice this year in connectionwith myprogram ofvisits to all the countries in Latin-America. I have seen what is being done inPuerto Rico, in the way of economic and political progress, and I think that the

very great progress that has been made in both fields in the direction of selfreliance has been made in direct proportion with the increasing autonomy thatPuerto Rico has had in self-government.

* *

Puerto Rico is an area of the United States, a community that has a particular interest in Latin-America, I think it will help our prestigeand our program throughout Latin-America if we give this added recognition ofself-government to Puerto Rico.

INTERNATIONAL ASPECTS

Puerto Rico was formally ceded to the United States by the Treatyof Paris which terminated the Spanish - American War . The secondparagraph of article IX of this treaty , which was ratified by onCongress February 6 , 1899 (30 Stat . 1754 ) , provided that the Congress shoulddetermine the civil rights and political status of the native inhabi tants" of the areas ceded.

More recently , the United States undertook new treaty obligationswhich bear upon Puerto Rico . The United Nations Charter ( ratifiedby the U. S. Senate on June 26, 1945; 59 Stat. 1031) provides inarticle 73 of chapter XI :

Membersof the United Nations which have or assume responsibilities for theadministration of territories whose people have not yet attained a full measureof self-government recognize the principle that the interests ofthe inhabitantsof the territories are paramount,and accept asa sacred trust the obligation topromote to the utmost the well-being of the inhabitantsof theseterritories, and, to this end: * * * * * * * ** !

(6) To develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their freepolitical institutions (59 Stat. at p. 1048).

The history of the relationship between Puerto Rico and the StatesUnited bears eloquent witness to the fact that we have indeed insuredpolitical advancement and developed self -government in the island .It is a record of which every American should be proud. It is notsuggested that a measure such as S. 3336 is needed to fulfill our obligation to Puerto Rico under the United Nations Charter. Thoseobligations already have been fulfilled to an extent that is withoutalmost parallel. The provision is quoted as showing that a constitution for Puerto Rico of , by , and for the Puerto Ricans would be stilla further development of the policy to which we have committedourselves in the United Nations Charter.

The favorable report on S. 3336 from the Department of State , quoted in full at the end of this report, points out this fact .

RELATIONS WITH FEDERAL GOVERNMENT UNCHANGED

The measure would not change Puerto Rico's fundamental political, social , and economic relationship to the United States . Those sectionsof the Organic Act of Puerto Rico concerning such matters as applicabilitythe of United States laws , customs, internal revenue, eralFed judicial jurisdiction in Puerto Rico, representation in the Congressof the United States by a Resident Commissioner, et cetera , wouldremain in force and effect . Upon enactment of S. 3336 , these remaining sections of the organic act would be referred to as the PuertoRican Federal Relations Act.

The sections of the organic act which section 5 of this bill wouldrepeal are concerned primarily with the organization of the insular

executive, legislative, and judicial branches of the government Puertoof Rico and other matters of purely local concern . These aspects of local self -government would be provided for in any constitutionadopted and any government organized by the people of Puerto Rico A. brief analysis indicating the nature of the sections of the organicact which would be repealed and those which would remain in aseffect a result of enactment of S. 3336 is attached to the favorable ofreport the Secretary of the Interior, set forth in full below .

NO COMMITMENT AS TO STATEHOOD

Because the issues have been raised , it should be stated clearly andunequivocally that S. 3336 is not a statehood bill. Nor is it an independence bill . It does not commit the Congress, either expresslyor by implication , to take any action whatever with respect to either .It in no way precludes future determination by future Congresses ofthe political status of Puerto Rico .

WILL OF PEOPLE OF PUERTO RICO

The committee has given most careful attention to determiningwhether the 2,200,000 Puerto Ricans want passage of a measure such as S. 3336. The committee heard , at length , both elective andofficials representatives of those appointed by the President . It gave fulland careful consideration to all communications received regardingthe bill.

In view of all the evidence presented to the committee, it is thecommittee's considered opinion that a majority , a very substantialmajority , of the people of Puerto Rico do wish the authority to draw up their own constitution and to organize their own insular government under it within the safeguards of the Federal Constitution .

The elected Governor , Luis Muñoz-Marín , eloquently suchadvocated a measure, as did the Puerto Rican Commissioner and Delegatein Congress, Hon. Antonio Fernós - Isern . The Secretary of the teriorIn , who is the Cabinet officer charged with responsibility for admin istration of Puerto Rico , likewise appeared before the committee andstated his belief that such legislation was the will of the people.

The floor leader in the insular senate, Hon . Victor Gutierrez , pre sented to the committee a resolution of the popularly elected legisla ture endorsing the principles of the bill . Hon . Cecil Snyder, an asso ciate justice of the island's supreme court , appointed by the President,submitted a letter signed by all the insular supreme court judges advocating the Themeasure.

Chamber of Commerce of Puerto Rico has endorsed the asbill, have the Free Federation of Labor ( A. F. of L. ) , the General federationCon of Workers ( CIO ), 76 out of 77 mayors of the island , and the municipal assemblies of 76 out of 77 municipalities in the island.

The committee also regards the results of the 1948 election in PuertoRico as indicative of the sentiment of the people of the island . Threemajor political groups contested the election. One had as a majorplank in its platform advocacy of a constitution for Puerto AnotherRico. had a major plank calling for statehood . A third advocated outright independence.

The party endorsing the program made effective by this bill received393,033 votes in the contest for Resident Commissioner in Congress,or approximately 62 percent of all the ballots cast. The candidate of the statehood group polled 180,513 votes . The independence musteredgroup 66,141 votes for its candidate .

With only a small Puerto Rican minority opposed , the committeefeels that Congress would be fulfilling the will of the people of RicoPuerto in adopting the bill. In accordance with the terms of S. 3336, once it became law , the people of Puerto Rico would be free to oraccept reject it . They would not be forced to accept . The measure constitutes an authorization, not an imposition , as was the organic act ,legally speaking.

The favorable reports of the Department of the Interior, the Department of State , and the Bureau of the Budget are set forth in full.

DEPARTMENT OF THE INTERIOR,OFFICE OF THE SECRETARY, Washington 25, D. C., May 19, 1950.Hon. Joseph C. O'MAHONEY, Chairman, Committee on Interior andInsular Affairs,United States Senate, Washington, D. C.

MY DEAR SENATOR O'MAHONEY: This is in reply to your request for the viewsof this Department on S. 3336, a billto provide for theorganization of a constitutional government by the people ofPuerto Rico.

I strongly urge the enactment of S. 3336, with the amendment suggested.

It is important at the outset to avoid any misunderstanding as to the nature andgeneral scope of the proposed legislation. Let me say that enactment of S. 3336will in no way commit the Congress to the enactment of statehood legislation forPuerto Rico in thefuture. Norwillit in any way preclude a future determinationby the Congress of Puerto Rico's ultimate politicalstatus. The bill mereiy authorizes the peopleofPuerto Rico toadopt their own constitution and to organizealocal government which, undertheterms of S. 3336, would berequiredto be republican in form andcontain the fundamental civil guaranties of a bill of rights.

The framework of Puerto Rico's government has been prescribed bytheCongress, by the enactment in 1917 of the Organic Act of Puerto Rico. This organic act established a popularly elected legislature with broad powers in locallegislative matters,and provided for an executive branch and a judicial branch of the government. It authorized the people of Puerto Rico to elect a representativeto the Congress, accredited to the House ofRepresentatives, with power toserve on committees, to introduce legislation, and tobe heard onthe floor ofthe House, but with no power to vote. Under the organic act the people of Puertowere made citizens of theUnited States, and had their civil rights guaranteed by asection ofthe act which closely paralleled the language of the Bill of Rights of theConstitution.

Since the enactment of the organic act, the most notable step taken by theCongress toward granting Puerto Rico an increased measure of local self-government wasin 1947, when it permitted the people of Puerto toelect their Governorand permitted theGovernor to select the members of his cabinet, except for theauditor of PuertoRico,who remains a Presidentialappointee.

S. 3336 would be a further implementation of the self-government principle adopted by the Congress. It would permitthe substitution, by action of thepeople of Puerto Rico, of a constitution of their own choosing for the present" constitution', the organic act, which was handed to themby the Congress.

The bill under considerationwould not change Puerto Rico's political, social,and economic relationship to the UnitedStates. Those sections of the OrganicAct of Puerto Rico pertaining to the political, social, and economic relationshipof the United States and Puerto Rico concerning such matters as the applicability of United States laws, customs, internal revenue,Federal judicial jurisdiction in Puerto Rico, Puerto Rican representation in the Congress by a ResidentCommissioner, etc., would remain in force and effect, and upon enactment of

PUERTO RICO CONSTITUTION

S. 3336 would be referred to as the Puerto Rican Federal Relations Act. The sections of the organic act which section 5 of the bill would repeal are the provisionsof the act concerned primarily with the organization of thelocalexecutive,legislative, and judicial branches of the government of Puerto Rico and othermatters of purely local concern. These matters would be provided for in any constitutionadopted and any local government organized by the people of PuertoRico.

For your convenience, I enclose abrief analysis indicatingthe general natureof the sections ofthe organic act which would,and those whichwould not, berepealed by S. 3336. Itis suggested that the bill be amended by striking outthe number 55 appearing on page 3, line 15. No repeal of section 55 of theOrganic Act of Puerto Rico would berequired sincethatsectionhas already beenrepealed by section 39 of title 28 of the United States Code (62 Stat. 992).

The eloquent testimony of Gov. Luis Muñoz-Marin before the Senate Interiorand Insular Affairs Committee in behalf of this legislation is a reflection of the very strong sentiment which exists in Puerto Rico for a greater measure oflocal autonomy. The people of Puerto Rico have demonstrated by their highdegree of political consciousness, by their extensive use of the franchise, andbytheirsuccessful and intelligent administration of local governmental activities,that they are eminently qualified to assume greater responsibility of self-government.

The time has come to permit the people of Puerto Rico to adopttheir ownconstitution. Enactmentof S. 3336 would be areaffirmation by the Congress ofthe self-government principle which has been the cornerstone of United Statespolicy toward its Territories. Such action by the Congress would be a clearexpression of ouresteemfor the people of Puerto Rico. It would also be a concrete demonstration to the nations of theworld, and especially the people ofPuerto Rico, at a time when Territorial administration is a matter of constantdiscussion in the United Nations, that the United States translates its principlesofdemocracy and self-determination into action.

The Bureau ofthe Budget has advised that enactment of this legislation wouldbe fully in accord with the program of the President.

Sincerely yours,

Oscar L. SecretaryCHAPMAN, of the Interior.

Section 1: Provides that the organic act shall apply to the island of PuertoRico and adjacent islands.

Section 2: Comity clause.

Section 3: Prohibits export duties; permits imposition by the insular government of internal revenueand other taxes; permits the issuance of bonds, butlimits indebtedness; provides for the exemption of bonds issued pursuant to this section from taxation.

GENERAL NATURE OF SECTIONS OR PARTS OF SECTIONS OF THE ORGANIC ACT WHICH WOULD REMAIN IN FORCE AND EFFECT AND UPON ENACTMENT OF S. 3336 WOULD BE KNOWN AS THE PUERTO RICAN FEDERAL RELATIONS ACT :

Section 5 (a) (b) (c): Contains United States citizenship provisions for PuertoRicans.

Section6: Provides that the expenses of the insular government shall, exceptforUnited States public works, be paidout of theinsulartreasury.

Section 7: Provides for the transfer ofproperty to Puerto Rico ceded by Spainto the United States;also provides for the mutual transfer of property betweenthe United States and Puerto Rico.

Section 8:Contains provisionsrelating to the jurisdiction of the United Statesand Puerto Rico with respect to harbor areas,navigable streams, bodies of water,and submerged lands in and around Puerto Rico.

Section 9: Provides that United States laws, except the internal revenue laws,are applicable to Puerto Rico, except where locally inapplicable; also containsproviso returning the internal revenue taxes to Puerto Rico.

Section 10: Provides that all judicial process in Puerto Rico shall run in thename of the United States or thepeople of Puerto Rico; also provides for an oathof allegiance.

Section 11: Provides that reports by the Governor and insular departmentsare to be made to the Federalagency designated by the President to haveadministrative jurisdiction over Puerto Rico.

Section 36: Contains provisions relating to the election, eligibility, salary,allowances, etc., of the Resident Commissioner.

Section 37 (part): Defines the extent of the legislative authority of the Legislature of Puerto Rico.

Section 38 (part: Declares the Interstate Commerce Act and certain otherFederal acts inapplicable in Puerto Rico.

Section 41: Contains provisions relating to the United States District Courtfor the District of Puerto Rico and the judge and officials of that court.

Section 42: Provides that the laws of the United Statesrelating to appeals,certiorari, removal ofcauses, and other matters or proceedings asbetween thecourts of the United States and the courts of the several States shall govern insuchmatters and proceedings as between the United States District Court forthe District of Puerto Rico and the courts ofPuerto Rico. It also provides thatall pleadings and proceedings in the United States District Court for the Districtof Puerto Rico shall be conducted in the English language.

Section 44: Prescribes qualifications for jurorsselected to serve in the UnitedStates District Court for the District of Puerto Rico.

Section 45: Provides for disposal of fees, fines, etc., collected in the UnitedStates District Court for the District of Puerto Rico.

Section 48: Provisions relating to writs of habeas corpus to be issued by theSupreme Court of Puerto Rico, and the United States District Court for theDistrict of Puerto Rico; and writs of mandamus to be issued by the United States District Court for the District of Puerto Rico; declares that suits restrainingassessment or collectionof taxesimposed by the lawsof Puerto Rico are outsidethe jurisdiction of the United States District Court for the District of PuertoRico.

Section 54: Provides for the acknowledgment of deeds and otherinstrumentsaffecting land situated in the District of Columbia or any other Territory orpossession of the United States.

Section 58: Provides for the continuationof United States laws applicable toPuerto Rico which are not inconsistent with the organic act; alsorepeals allUnited States laws which are applicable to Puerto Rico but inconsistent with the organic act.

GENERAL NATURE OF SECTIONS OR PARTS OF SECTIONS OF THE ORGANIC ACT TO BE REPEALED BY S. 3336

Section 2: Contains abill of rightsand other provisionsofa protective nature.

Section 4: Provides that the capital of Puerto Rico shall be at the city ofSan Juan.

PROVISIONS RELATING TO EXECUTIVE BRANCH OF GOVERNMENT OF PUERTO RICO

Section 12: Contains provisions relating to the election, tenure, qualifications,and powers of the Governor of Puerto Rico.

Section 12a: Prescribes procedure for impeachment of the Governor of PuertoRico.

Section 13: CreatestheexecutivedepartmentsofthegovernmentofPuertoRico.

Section 14: Prescribes the duties and authority of the attorney general.

Section 15: Prescribes the duties and authority of the treasurer of Puerto Rico.

Section 16: Prescribes the duties and authority of the commissioner of interior.

Section 17: Prescribes the duties and authority of the commissioner of education.

Section 18: Prescribes the duties and authority of the commissioner of agricul ture and commerce.

Section 18a: Prescribes theduties and authority ofthe commissioner of labor.

Section 19: Prescribes the duties and authority of the commissioner of health.

Section 20: Prescribes the duties and authority of the auditor.

Section 21: Provides for appeal to the Governor from decisions of the auditor.

Section 22: Provides for appointment of the executive secretary to the Gov ernor, and prescribes his duties and authority.

Section 23: Provides for the transmission to the Congress of laws enacted by theLegislature of Puerto Rico.

Section 24: Provides for succession to the office of Governor in the event of avacancy in that office.

PROVISIONA RELATING TO THE LEGISLATIVE BRANCH

Section 25: Vests local legislative powers in a bicameral legislature consistingof a senate and house of representatives designated as " The Legislature ofPuerto Rico."

1

PUERTO RICO CONSTITUTION

Section 26: Contains provisions relating to theelection,number, qualifications,and term of office of members of the senate of Puerto Rico, and prescribes thepowers of the senate.

Section 27: Contains provisions relating to the election, number, qualifications,and term of office of members of the house of representatives of Puerto Rico, and prescribes the powers of the house of representatives.

Section 28: Provides for the division of Puerto Rico into representative andsenatorial districts.

Section 29: Provides for quadrennial elections.

Section 30: Provides a 4-year term of office for senators and representatives,and prescribes the method of filling vacancies.

Section 31: Provides & per diem and mileage allowance for senators and representatives.

Section 32: Provides that thesenateand house of representatives,respectively,shall be the sole judges of the elections, returns, and qualifications of theirmembers.

Section 33: Provides for regular and special sessions oftheLegislatureof PuertoRico.

Section 34: Contains provisions relating to the legislative procedures to befollowed in the Legislatureof Puerto Rico,also containsprovisionswith respect totheapproval or veto oflegislation by the Governor ofPuerto Rico, and approvalor disapproval by the President of the United States of enactments ofthe Legislature of Puerto Rico.

Section 35: Prescribes the qualifications of voters.

Section 37: The portionof this sectionto be repealed prohibits thecreation ofadditionalexecutive departments by the Legislature of Puerto Rico ,but permitstheconsolidation or abolition of departments with the consent of the Presidentof the United States.

Section 38: Contains provisions relating to the organization and functions ofthe Public Service Commission of Puerto Rico.

Section 39:Contains provisions relating to the issuance of franchises andprivileges, and other miscellaneous matters.

Section 40: Contains provisions relating to localcourts of Puerto Rico.

Section 49: Provides for the appointment by the Governor of Puerto Rico ofcertain court officers not subject to Presidential appointment.

Section 49 (b) : Contains provisions relating to the position of coordinator ofFederal agencies in Puerto Rico.

Section 50: Contains provisions relating to the payment of salaries of officialsof Puerto Rico.

Section 51: Contains provisions relating to the payment of salaries of municipalofficials of Puerto Rico.

Section 52:Containsprovisions relating to the continuation of incumbents ofoffices at the time the Organic Act of 1917 was passed.

Section 53: Permits the Governor of Puerto Rico to reorganize bureaus withinvarious departments.

Section 56: Contains provisions relating to the continuance of the legislativeandexecutive functions of the government of Puerto Rico until the Organic Actof 1917 becomes effective.

Section 57: Provides for the continuance of the laws and ordinances of PuertoRico in force and effect at the time the organic act became effective until suchtime as they are altered, amended,or repealed pursuant to the legislative authorityconferred upon the Legislature of Puerto Rico by the organic act.

DEPARTMENT OF STATE,Washington, April 24, 1950. Hon. Joseph C. O'MAHONEY, Chairman, Committee on Interior and InsularUnitedAffairs,States Senate.

MY DEAR SENATOR O'MAHONEY: This is in further reply to your letter of April 1, 1950, which was acknowledged April 4,1950, transmitting for the comment of the Department of State acopy ofS. 3336, toprovide for the organizationof a constitutionalgovernmentby thepeople of Puerto Rico.

The Departmentof Statebelieves it to be of the greatest importance that thePuertoRican people be authorized to frametheir own constitution as providedforin S. 3336, in order that formal consent of the Puerto Ricans may be given totheir present relationship to the United States.

It is believed that, with their own constitution, the high degree of internal selfgovernment which the Puerto Ricanstoday enjoy intheir voluntary associationwith the United States, will assume for them an added significance. Moreover,such action by our Government would be in keeping with the democratic principlesof the United States and with our obligations under the Charter of the United Nations to take due account of the political aspirations of the people in our Territories and to develop self-government in them.

In view ofthe importance of "colonialism " and "'imperialism " in anti-Americanpropaganda, the Department of State feels that S. 3336 would have greatvalueas asymbolof thebasic freedom enjoyed by Puerto Rico, within the larger framework of the United States of America.

The Department has been informed by the Bureau of the Budget that billsproviding for the drawing up and adoption of a constitution by the people ofPuerto Rico (S. 3336 and H.R. 7674) would be fully in accord with the programof the President.

Sincerely yours,

Jack K. McFall, AssistantSecretary(For the Secretary of State).

EXECUTIVE OFFICE OF THE PRESIDENT,BUREAU OF THE BUDGET, Washington 25, D. C., April 18, 1950.Hon. JOSEPA C. O'MAHONEY, United States Senate, Washington, D. C.

MY DEAR SENATOR O MAHONEY: This is in reply to your request of April 1,1950, for a report on S. 3336, a bill to provide forthe organization of a constitutional government for the people of Puerto Rico.

This bill, and the almost identical House bill, H. R. 7674, would permit peopleof Puerto Rico to draw up their own constitution within the existing relationshipof Puerto Rico to the Federal Government. The people of Puerto Rico have exercised progressively greater powers of self-government, and enactment oflegislationpermitting themto adopt theirown constitution would mark anothersignificant step in the political progress ofthis island asapart of America. In view of these objectives, enactment of S. 3336 would be fully in accord with theprogram of the President.

Sincerely yours,

APPENDIX A

F. J. LAWTON, Director.

In compliance with subsection (4 ) of rule XXIX of the RulesStanding of the Senate , changes in existing law made by the bill , S. 1892,as reported , are shown as follows (existing law proposed to be repealedis enclosed in black brackets):

ACT OF CONGRESS OF MARCH 2, 1917, AS AMENDED (39 STAT. 951 ; 48 U. S. C. 731)

ORGANIC ACT

AN AOT To provide a civil government for Puerto Rico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled :

That the provisions of this Act shallapply to the Island of Puerto Ricoand tothe adjacent islands belonging to the United States, and waters of those islands;and the name Puerto Rico asused in this Act shall be held to include not only theisland of that name but all the adjacent islands as aforesaid.

BILL OF RIGHTS

Section 2.- [That no law shall be enacted in Puerto Rico which shall depriveany person of life, liberty, or property without due process of law, or deny to anyperson therein the equal protection of the laws.

[ That in all criminal prosecutions the accused shall enjoy the right to have theassistance of counsel forhisdefense, to be informed of the nature and cause of theaccusation,to have a copy thereof, to havea speedy and public trial, to be confronted with the witnesses against him, and to have compulsory process for ob taining witnesses in his favor.

[ That no person shall be held to answer for a criminal offense without due process of law ; and no person for the same offense shall betwice put in jeopardyof punishment, nor shall be compelled in any criminal case to be awitness againsthimself.

[That allpersons shallbefore convictionbe bailable by sufficient sureties, except forcapital offenses when theproofis evidentor the presumption great.

[ That no law impairing the obligation of contracts shall be enacted.

[ That no person shallbe imprisonedfor debt.

( That the privilege of the writ of habeas corpusshall not besuspended, unlesswhen incase of rebellion, insurrection, or invasion the publicsafety mayrequireit, ineither of which eventsthe samemay be suspendedby the President, or bythe Governor, whenever during such period the necessity for such suspension shallexist.

[ That no ex post facto law or bill of attainder shall be enacted.

[ Private property shall not be taken or damaged for public use except uponpaymentof just compensation ascertained in the manner provided by law.

[Nothing contained in this Act shall be construed to limit the power of theLegislatureto enact laws for the protection of the lives, health, or safety of em ployees.

( That no law granting a title ofnobility shall be enacted, and no person holdingany office of profitor trust under the Government of Puerto Rico shall, withoutthe consentof the Congressof the United States, accept any present, emolument,office, or title of any kind whatever from any king, queen, prince, or foreign State,orany officer thereof.

[ That excessive bailshall not be required, nor excessive fines imposed, nor crueland unusual punishments inflicted.

( That theright to be secure against unreasonable searches and seizures shallnot be violated.

[ That no warrant for arrest or search shall issue but upon probable cause,supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

[ That slavery shall not exist in Puerto Rico.

[ That involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted , shall not exist in Puerto Rico.

[Thatno law shall be passedabridging the freedom of speech or of the press,orthe right of the people peaceably to assemble and petition the Government for redress of grievances.

[ That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the freeexercise and enjoyment ofreligious profession and worship without discrimination or preference shall forever be allowed, and that no political or religioustest other than an oath to support the Constitution of the United States and the laws of Puerto Rico shall berequired as a qualification to any office or public trust under the Government of Puerto Rico.

[ That no public moneyor property shall ever be appropriated, applied, donated, used, directly or indirectly, fortheuse, benefit, or support of any sect, church,denomination,sectarian institution, or association, or system of religion, or forthe use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. Contracting of polygamous or plural marriageshereafter is prohibited.

[ That no money shallbe paid out of the Treasury except in pursuance of anappropriation by law, and on warrant drawn by the proper officer in pursuancethereof.

( That the rule of taxation in Puerto Rico shall be uniform .

Ithat all money derived from any tax levied or assessed for a special purposeshall betreated asa special fund in the Treasury and paid outfor such purposeonly except upon the approval of the President of the United States.

( That eight hours shall cor.stitute a day'swork in all cases of employment oflaborers and mechanics by and on behalf of the Government of the Island on public works, except in casesofemergency:

[ That the employment of children under the age of fourteen years in anyoccupationinjurious to health or morale or hazardous to life or limb is herebyprohibited.]

( Paragraph added by Act of Congress approved August 5 , 1947 :)

The rights, privileges,and immunities ofcitizens of the United States shall berespected in Puerto Rico to the sameextent as though Puerto Rico werea Stateof theUnion and subjecttothe provisions of paragraph 1 of section 2 of articleIV of the Constitutionof the United States.

Section 3.- That no export duties shall be levied or collected on exports fromPuerto Rico, but taxes and assessments on property, income taxes, internalrevenue, and licensefees, and royalties for franchises, privileges, and concessionsmay be imposedfor the purposes ofthe insularandmunicipal governments, respectively, as may be provided and defined by the Legislature of Puerto Rico; andwhen necessary to anticipate taxes and revenues,bonds and other obligationsmaybe issued by Puerto Rico or any municipal government therein asmay beprovided by law, and to protect the public credit; Provided, however, That nopublic indebtedness of Puerto Rico and the municipalities of San Juan, Ponceand Mayagüez shall be allowed in excess of10 per centum of the aggregate taxvaluationof its property,and no publicindebtedness of any other subdivision ormunicipality of PuertoRico shall hereafter beallowed in excess of5 per centumof the aggregate tax valuation of the property in any such subdivisionor municipality, and all bonds issuedby the government of Puerto Rico, orby its authority,shall be exemptfrom taxation by the Government of the United States, orby thegovernment of Puerto Rico or of any political or municipal subdivision thereof,or by any. State, Territory, or possession, orby any county, municipality, orother municipal subdivision of any State, Territory, or possession of the UnitedStates, or by the District of Columbia. In computing the indebtedness of the people ofPuertoRico, municipal bonds forthepayment of interest and principalof which thegood faithof thepeople ofPuerto Rico hasheretofore been pledgedandbonds issued by the people of PuertoRico secured by bonds to an equivalentamount of bonds of municipal corporations or school boards of Puerto Rico shall not be counted, but all bonds hereafter issued by any municipality or subdivisionwithin the 5 per centum hereby authorizedfor which the good faith of the peopleof PuertoRico is pledged shall be counted."

And itis further provided, That theinternal-revenue taxes levied by the Legislature of Puerto Rico in pursuance of the authority granted by thisAct on articles,goods, wares, or merchandise may be levied and collected assuch legislature maydirect, on thearticles subject to said tax, as soon as the same are manufactured,sold, used, or brought into the Island;Provided, That no discrimination be madebetween the articles imported from the United States or foreign countries andsimilar articles produced or manufacturedin Puerto Rico. The officials of the Customs and Postal Servicesofthe United States are hereby directed to assist the appropriate officials of the Puerto Rican government in the collection of thesetaxes .

[ Section 4. That the capitalof Puerto Rico shall be at the city of San Juan,and the seat of Government shall be maintained there.]

Section 5.2_- That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes , and all natives of

1 By PublicNo.236 (H.R. 8209)74thCongress, approved August3, 1935, refundingbonds ofthe Governmentof PuertoRicoshall not be included in computing the public indebtedness under this section, until6 months after their issue, and

By Public264 (S. 1227) 74th Congress,approvedAugust 13, 1935, bondsorotherobligationsofPuerto Ricoor any municipal government therein ,payablesolely from revenues derived fromany public improvementor undertakingand issued andsold to the UnitedStatesofAmerica oranyagencyorinstrumentality thereof,shall not be considered public indebtedness within the meaning of this section ,

? Nationality Actof 1910 Public No. 853 76th Congress -approved October 14, 1940, effective 90 daysthereafter.

"Sec. 202.- All persons born in Puerto Rico on orafter April 11, 1899, subjectto the jurisdictionofthe United States, residing on theeffectivedateofthisActin Puerto Ricoorother territoryover which theUnited Statesexercisesrightsof sovereigntyand not citizensofthe United Statesunder anyother Act, arehereby declared to be citizens of the United States.

Sec.322. A person born in Puerto Rico of alien parents,referred toin the last paragraph ofsection 5,Act of March 2,1917(U. S.C., title8,sec. 5), and in section 5a, ofthe said Act,asamendedbysection 2 oftheAct ofMarch 4,1927(U.S. C.,title8,sec.5 a),whodidnot exercisetheprivilegegrantedof becomingacitizenof the United States, maymake thedeclaration provided in said paragraph atanytime, and fromand after the making of such declaration shall be a citizen of the United States."

Puerto Rico who were temporarily absent from that island on April eleventh,eighteen hundred and ninety-nine, and have since returned and are permanentlyresiding in that island, and are not citizens of any foreign country, are herebydeclared, and shall be deemed and held to be, citizens of the United States;Provided, Thatany person hereinbefore described may retain his present politicalstatus by making a declaration, under oath, of his decision to do so within sixmonths of the taking effect of this Act before thedistrict court in the district inwhich he resides, the declaration to be in form as follows:

I, being duly sworn, hereby declare my intention not to become acitizen of the United States as providedin the Act of Congress conferring UnitedStates citizenship upon citizens of Puerto Rico and certain natives permanentlyresiding in said island.

In the case of any such person who may be absentfrom the island duringsaidsix months the term of this proviso may be availed ofby transmitting a declaration, under oath, in the form herein provided within six months ofthe takingeliect of this Act to the Executive Secretary of Puerto Rico; And provided, further,That any personwho is born in Puerto Rico ofan alien parent and is permanentlyresiding in that island may, if of full age, within six months of the taking effectof this Act, or if a minor, upon reaching his majority, or within one year thereafter,make a sworn declaration of allegiance to the United States before the UnitedStates District Court forPuerto Rico, setting forth therein all the facts connectedwith his orher birth and residence in Puerto Rico and accompanying due proofthereof, and from and after the making of such declaration shall be consideredto be a citizen of the United States.

Section 5a . That all citizens of the United States who have resided or who shall hereafter reside in theisland forone yearshall be citizens of Puerto Rico: Provided,That persons bornin Puerto Rico ofalien parents, referred to in the lastparagraphof section 5, who did not avail themselves of theprivilege granted to them of becoming citizens of the United States, shall have a period of one year from theapproval of this Act tomake the declaration provided for in the aforesaid section:And provided, further, That persons who elected to retain the political status ofcitizens of Puerto Rico may within one year after the passage of this Act becomecitizens of the United States upon the same termsand in the same manner as isprovided for the naturalizationof native Puerto Ricans born of foreign parents.

Section 5b.- Allpersons born in Puerto Ricoon or after April 11, 1899 (whetherbefore or after the effective date ofthisAct) andnot citizens,subjects, or nationalsof any foreign power, are hereby declared to be citizens of the United States:Provided, That this Act shall not be construed as depriving any person, nativeof Puerto Rico, of his or her American citizenship heretofore otherwise lawfullyacquired by such person; or to extend such citizenship to persons who shallhave renounced or lost it under the treaties and/or lawsof the United States orwho are now residing permanently abroad and are citizens or subjects of a foreigncountry: And provided, further, That any woman,nativeof Puerto Ricoand permanently residing therein, who, prior to March 2, 1917, had lost her Americannationality by reason of her marriage to an alien eligible to citizenship, or byreason of the loss of the United Statescitizenship byher husband,maybenaturalized under the provisions ofsection4 of the Act of September 22, 1922, entitledAn Act relative to the naturalization and citizenship of married women ,asamended.

)

Section 5c.- That anypersonof good character, attached to the principles ofthe Constitutionof the United States, and well disposed to the good order andhappiness of the United States, and born in Puerto Rico on or after April11, 1899,who has continued to reside within the jurisdiction of the United States whosefather elected on or before April 11, 1900, to preserve his allegiance to the Crownof Spain in accordance with the provisions of the treaty of peace between theUnited States and Spain entered into on April 11, 1899, and who, by reason ofmisinformation regardinghis or her own citizenship status failed within the timelimits prescribed by section 5 or section 5a hereofto exercise the privilege ofestablishingUnited States citizenship and has heretofore erroncously butin goodfaith exercised the rights and privileges and performed the duties of a citizen ofthe United States, andhas not personally sworn allegiance to any foreign government or ruler upon or after attainment of majority, may make a sworn declarationof allegiance tothe United States before any United Statesdistrict court. Suchdeclaration shall set forthfacts concerninghis or herbirih in Puerto Rico, good,character, attachment to theprinciples ofthe Constitution ofthe United States,andbeing well disposed to the good order and happiness ofthe United States,residencewithin the jurisdiction of the United States,and misinformation regard

ing United States citizenshipstatus,and shall be accompanied by proof thereofsatisfactory to the court. After making such declaration and submitting suchproofs, such person shallbe admitted to take the oath of allegiance before thecourt,andthereuponshall be considered a citizen of the UnitedStates.

Section 6. That all expenses that may be incurred on accountof the Government of Puerto Rico for salariesof officials and the conduct of their offices anddepartments, and all expensesand obligations contracted for the internal improvement or development of the island, not, however, including defenses, barracks,harbors, lighthouses, buoys, and other works undertaken by the United States,shall exceptas otherwisespecifically provided by the Congress, be paid by theTreasurerof Puerto Rico out of therevenue in his custody.

Section 7.- That all property which may have been acquired in Puerto Ricoby the United States underthe cession ofSpain in thetreaty ofpeace entered intoon the tenth day of December, eighteen hundred and ninety-eight, in any publicbridges, road houses, water powers, highways, unnavigable streamsandthebedsthereof, subterranean waters, mines or minerals under the surface of privatelands, all property which at the time of the cession belonged, under the laws ofSpain then in force, to the various harbor works boards of Puerto Rico, all theharbor shores, docks, slips,reclaimedlands, and all public lands and buildingsnot heretofore reserved bythe United States for public purposes, isherebyplaced under the control of the Government of Puerto Rico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of Puerto Rico shallhave authority, subject to the limitations imposed upon all its acts, to legislatewith respect toall such matters as it may deem advisable. Provided, That thePresident may from time to time, in his discretion, convey to the people of PuertoRico such lands, buildings, or interests in landsorotherproperty now ownedby the United States and within the territorial limits of Puerto Rico as in hisopinion are no longer needed for purposes of the United States. And he mayfrom timeto time accept by legislative grant from PuertoRico any lands, buildings,or other interestsor property which may be needed for public purposes bythe United States,1

Section 8. That the harbor areas and navigable streams and bodies of water and submerged land underlying the same in and around theIslandof PuertoRicoand the adjacent islands and waters, now owned by the United States and notreserved by the United States for public purposes be, and the same are hereby,placed under the controlof the Government ofPuerto Rico, to be administeredin the same manner and subject to the same limitations as the property enumerated in the preceding section: Provided, That all laws of the United Statesfor theprotection and improvement of the navigable waters of the United Statesand the preservationof the interests of navigation and commerce, except so faras the samemay be locally inapplicable,shall applyto said Island and watersand to its adjacent islands and waters: Provided,further,That nothing in this Actcontained shall be construed so as to affect or impair in any mannerthe termsorconditions of any authorizations, permits, or other powers bretofore lawfullygranted or exercised in or in respect of said watersand subm'rged land in andsurrounding said Island and its adjacentislandsby the Secretary of War or otherauthorizedofficeroragent of the UnitedStates: And provided,further,Thatthe Actof Congress approved Juneeleventh nineteen hundred andsix, entitled An Actto empower the Secretary of War, under certain restrictions, to authorize the con struction, extension, and maintenance of wharves, piers, and otherstructures onlands underlying harbor areas in navigable streams and bodies of water in orsurrounding Puerto Rico and the islands adjacent thereto," and all other law3and parts of laws in conflict with this section be, and the same are hereby, re pealed.

Section 9. That the statutory laws of the United States not locally inapplicable, exceptashereinbeforeorhereinafterotherwiseprovided, shall have the sameforce and effect in Puerto Rico as in the United States, except the internalrevenue laws: Provided, however, That hereafter all taxes collected under theinternal-revenue laws of the United States on articles produced in Puerto Ricoand transported to the United States, or consumed in the Island shall be covered into the Treasury of Puerto Rico.

Section 10. Thatalljudicial process shall run in thenameof United States ofAmerica,88,thePresident of theUnited States," and all penalor criminalprosecution in the local courts shall be conducted in the name and by the authority of

This provisoisin forceand effectexceptas toFederalproperty the titleofwhich is vested in theWarDepartment.UndertheCamp Taylorproriso (46Stat. 1191),approvedFebruary20,1931,it isprovided:"Hereafterno real catateoftheWarDepartment shallbe sold or disposedofwithoutautbority ofCongressand all acts in condict herewith are repealed .

PUERTO RICO CONSTITUTION

ThePeople of Puerto Rico"; and all officials shall be citizens ofthe United States,and, before entering upon the duties of their respectiveoffices shall take an oath to support the Constitution of the United States, and the laws of Puerto Rico.

Section 11. That all reports required by law to be made by the Governor orheads of departments to any officialofthe United States shall hereafter be made toan executive department of the Government of the United States to be designatedby the President, and the President is hereby authorized to place all matters pertaining to the Government of Puerto Rico in the jurisdiction of such department.

EXECUTIVE DEPARTMENT

[Section 12. Thatthe supreme executivepowershall be vested in an executiveofficer, whose official titleshallbe The Governor of Puerto Rico. Atthegeneralelection in 1948and each such electionquadrennially thereafter the Governor ofPuerto Rico shall be elected by the qualified voters of Puerto Rico and shall holdoffice for a term offour yearscommencing on the 2d day of January followingthe date of the electionand until his successoris elected and qualified. No person shall be eligible as Governor unless at the time of the election he is a citizen of the United States, is at least thirty years of age, is able to read and write theEnglish language, and has been a bona fide resident of Puerto Rico during theimmediatelypreceding two years. Suchelection shall be heldin the mannernowor hereafter provided bylaw for the election of the Resident Commissioner. The Governor shall reside inPuerto Rico during his official incumbency and maintainhisoffice at the seat of Government. Heshallhave general supervision and control of all the departments and bureaus of the Government in Puerto Rico, so faras is not inconsistent with the provisions of this Act, and shall be commander inchief of the militia. He may grant pardons andreprieves and remit fines andforfeitures for offenses against the laws of Puerto Rico, and respites for all offensesagainst the laws of the United States until the decision of the President can be ascertained, and may veto any legislation enacted as hereinafter provided. Heshall commission allofficers that he may be authorized to appoint. He shall beresponsible for the faithful execution of the laws of Puerto Rico and ofthe UnitedStatesapplicable in Puerto Rico, and whenever it becomes necessary he may callupon the commanders of the military and naval forces of the UnitedStates in theIsland orsummon the posse comitatus, or call outthe militia to prevent or suppresslawless violence, invasion, insurrection, or rebellion, and he may, in case of rebellion or invasion, or imminent danger thereof, when the publicsafety requires it,suspend the privilegeof the writ of habeas corpus, or place the Island or any partthereof, under martial law until communication can be had with the Presidentand the President's decision therein made known. He shall annually, and at such other times as he may be required, make official report of the transactions of the Government of Puerto Rico to the executive department of the Government of theUnited States to be designated by the President as herein provided, and his saidannualreport shall be transmitted to Congress, and he shall performsuch additionalduties and functions as may in pursuance of law be delegated to him by thePresident. )

[Section 12a.--The Governor shall be removed from office on impeachmentfor, and conviction of, treason, bribery, or other high crimes and misdemeanors.The house of representatives of Puerto Rico shall have the sole power of impeachment. Impeachment shall require the concurrence of two-thirds of all of themembers of the house ofrepresentatives. The senate of Puerto Rico shall havethe sole power to try all impeachments. When sitting for that purpose theyshall be on oath or affirmation and the chief justice of the supreme court ofPuerto Rico shallpreside. No person shall be convicted without the concurrenceof three-fourths ofall the members of the senate. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualificationto hold and enjoy any office of honor, trust, or profit under the government ofPuerto Rico. The person convicted 'shall, 'nevertheless, be liable and subject toindictment, trial, judgment, and punishment according to law.]

[Section 13. That the following executive departments are hereby created:A Department of Justice, the head of which shall be designated as the AttorneyGeneral; a Department of Finance, thehead of whichshall be designated as theTreasurer; a Department of Interior, the head of which shall be designated asthe Commissioner of the Interior; a Department of Education, the head ofwhichshall be designated as the Commissioner of Education; a Department of Agriculture and Commerce, the head of which shall be designated astheCommissionerof Agriculture and Commerce; a Department of Labor, the head of which shall

be designated as theCommissioner of Labor; and a Departmentof Health, thehead of which shall be designated as the Commissioner of Health, The heads of the executive departments set forth in the first sentence of this section shallbe appointed by the Governor by and with the advice and consent of the senateof Puerto Rico. Each shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is qualified, unlesssooner removed by the Governor.

[Heads ofdepartments shall reside in Puerto Rico during their official incumbency, and those appointed by the Governor shall have resided in Puerto Ricofor atleast one yearprior to theirappointment.

[The heads of departments shallcollectively form a council to the Governor,known as the Executive Council. They shall perform , underthe general supervision of theGovernor, the duties hereinafter prescribed, or which may hereafterbe prescribed by law, and suchother duties, not inconsistent with law, as theGovernor, with the approval of the President,mayassign to them ; and they shallmake annual and such other reports to the Governoras he may require, whichshall be transmitted to the executive department of the Government of theUnitedStates to be designated by the President as herein provided; Provided, That thedutiesherein imposed upon the heads of departments shall not carry with themanyadditional compensation.]

[Section 14. That the Attorney General shall have charge of the administration of justice in Puerto Rico; he shall be the legal adviser of the Governor andthe heads of departments and shall be responsible for the proper representationof the people of Puerto Rico or its duly constitutedofficers in allactions andproceedings, civil or criminal, in the Supreme Court of Puerto Rico in which thepeople of Puerto Ricoshall be interested ora party, and he may, if directed bytheGovernor or if in his judgment the publicinterest requires it, represent thepeopleof Puerto Rico orits duly constituted officers in any other court or beforeany other officer or boerd in any action or proceeding, civil or criminal, in whichthepeople of Puerto Rico may be a party or be interested. He shall also performsuch other duties not inconsistent herewith as may be prescribed by law . ]

[Section 15. - That the treasurer shall give bond, approved as to form by theattorney general of Puerto Rico, in such sum as the legislature may require, notless, however, than the sum of $125,000, with surety or sureties approved by thegovernor, and he shall collect and be the custodian of public funds,and shall disburse the same in accordance with law on warrants signed by the auditor andcountersigned by the governor, and perform such other dutiesasmay be providedhy law. He may designate banking institutions in Puerto Rico and the UnitedStates as depositaries of the government of PuertoRico,subjecttosuch conditionsasmay beprescribed by the governor,after they have filed with him satisfactoryevidence oftheirsoundfinancialcondition and have deposited bonds of the UnitedStates orof the government of PuertoRico or other securitysatisfactoryto thegovernorinsuchamounts as may beindicated by him;and no banking institutionshall be designated a depositary of the government of Puerto Rico until the fore going conditions have been complied with. Interest on deposits shall be requiredand paid into the treasury.]

[Section 16. That thecommissioner ofthe interior shall superintendall worksof a public nature, have charge of all public buildings, grounds, and lands, exceptthose belonging to theUnited States, and shall execute such requirementsas maybe imposed by law with respect thereto, and perform such other duties as may beprescribed by law.]

[Section 17. - That the commissioner of education shall superintend publicinstruction throughout Puerto Rico; all proposed disbursements on account thereofmust be approved by him , and all courses of study shall be prepared by him,subject to disapproval bythe governor if he desires to act. He shall prepare rulesgoverning the selection of teachers, and appointments of teachers by local schoolboards shall be subject to his approval, and heshall perform such other duties,not inconsistent with this Act, as may be prescribed by law.]

[Section 18. That the commissioner of agriculture and commerce shall havegeneral charge of such bureaus and branches of government as have been orshall be legally constituted for the study,advancement, and benefit of agriculture,commerce and other industries; the chief purpose of this department being tofoster, promote, and develop the agricultural interests and the welfare of thefarmers of Puerto Rico; toimprove their market conditions, and to advancetheir opportunities for profitable sale of their products, and shall perform suchother duties as may be prescribed by law.]

[Section 188.- That the Commissioner of Labor shall have charge of suchbureaus and branches of government as have been or shallbe legally constituted tofoster and promote the welfare of the wage earners of PuertoRico; to improvetheir working conditions, and to advancetheir opportunities for profitable employment, and shall perform such other duties asmay be prescribed by law.]

(Section 19.- That the commissioner of health shall have general charge of all matters relating to public health, sanitation, and charities, except such asrelate to the conduct of maritimequarantine, and shall perform such other duties as maybeprescribed by law.]

[Section 20.- That there shall be appointed bythe President an auditor, atan annual salary of $6,000, or such other sum not less than that payable to thehead of any executive department as may be prescribed pursuant to section 50of this Act, for a term of four years and until his successor is appointed andqualified. There shall be an assistantauditor and such other necessary assistantsand employees as may be prescribed by law. The auditor shall appoint theassistant auditor. In case of the absence from duty, from any cause, of theauditor, the assistantauditor shall exercise all the powers and perform all theduties of the auditor during such absence; and in case of the absence from duty,from any cause,of both the auditor and the assistant auditor, the Governor ofPuerto Ricoshall designate an assistantwho shallhave charge of the office.

[The auditor shall examine, adjust, decide, audit, and settle all accounts andclaims pertaining to the revenues andreceiptsfrom whateversourceof the government of Puerto Rico and of the municipalfunds derived from bond issues; and heshall examine, audit, and settle, in accordance with law and administrative regulations, all expenditures of funds and property pertaining to or held in trustby the government of Puerto Rico or the municipalities or dependencies thereof.He shall perform a like duty with respect to all government branches.

[ The auditor shall keep the general accounts of the government, be the custodian of and preserve the vouchers pertaining thereto. The jurisdiction of theauditor over accounts, whether of funds orproperty, and all vouchersand recordspertaining thereto, shall be exclusive. It shallbe the duty of the auditor to bringto the attention of the proper administrative officer expenditures of funds orproperty which, in hisopinion, areextravagant, excessive, unnecessary orirregular.

[Thedecisions of the auditorshall be final, except that appeal therefrommaybetaken by the party aggrieved or the headof the department concerned withinone year, in the manner hereinafter prescribed. The auditor shall, except ashereinafter provided, have like authority as that conferred by law upon theComptroller General of the United States, and is authorized to communicatedirectly with any person having claims before him for settlement, or with anydepartment, officer, or person having official relation with his office.

[The auditor, with the approval of the governor,shall from time to timemakeand promulgate general or special rules and regulations not inconsistent with law coveringthemethods of accounting for public funds and property, and fundsand property held in trust by the government or any of its branches: Provided,That any officer accountable for publicfunds or property may require such additional reports or returns from his subordinates or others as he may deem necessaryfor his own information and protection.

[In the execution of his duties the auditor is authorized to summon witnesses,administer oaths, and to take evidence, and, in the pursuance of these provisions,may issue subpoenasandenforce theattendance of witnesses, and compel witnessesto produce books, letters, documents, papers,records and allother articles deemedessential to afull understanding of thematter under investigation.

[As soon after the close of each fiscal year as the account of said yearmay beexamined and adjusted, the auditor shallsubmit tothe governor an annual reportof the fiscal concern of the government, showing the receipts and disbursementsof the various departments and bureaus of the government and of the varicusmunicipalities, and make such other reports as may be required of him by thegovernor or the head of the executive department of the Government of theUnited States tobedesignated by the President as herein provided.

[ The office of the auditor shall be under the general supervision of the governor. ]

[ Section 21. That any person aggrieved by the action or decision of the Auditor in the settlement of his account or claim may, within one year, take anappeal in writing to the Governor, which appeal shall specifically setforth the particular action of the Auditor to which exception is taken , with the reasonand authorities relied on for reversing such decision. The decision of the Gov ernor in such case shall be final, subject to such right of action as may be other wise provided by law .]

[Section 22. That there shall be appointed by the Governor, by and withtheadvice and consent of the Senate of Puerto Rico, an Executive Secretary atan annual salary of $5,000, or such other sum as may be prescribed pursuantto section 50 of this Act, who shall record and preservetheminutes and proceed ings of the Public-Service Commission hereinafter provided for and the lawsenacted by the Legislature and all acts and proceedings of the Governor, andpromulgate all proclamations and orders of the Governorand all laws enactedby the Legislature, and until otherwise provided by the Legislature of PuertoRico perform all duties of Secretary of Puerto Rico as nowprovided by law,except as otherwise specified in this Act, and perform such other duties as maybe assigned to him by the Governor of Puerto Rico. In the event of a vacancy in the office, orthe absence, illness ortemporary disqualificationof such officer,the Governor shall designate some officer or employee of the Government todischarge the functions ofsaid office during such vacancy, absence, illness, or temporary disqualification. ]

[Section 23.- That the Governor of Puerto Rico, within sixty days after theend ofeach session of the Legislature, shall transmitto the executivedepartmentof the Government of the United States, to be designated as herein provided for,which shall in turn transmit the same to the Congress of the United States, copiesofall laws enacted during the session. ]

[Section 24.--In case of a vacancy in the office of the Governor, the personholding the position of attorney general at the time the vacancy occurs shallsucceed to the office of the Governor, and to all the duties and emoluments forthe remainderof the term . If for any reason the Governor is temporarily absentfrom Puerto Rico, or unable to perform his duties, the attorney general shall actas Governor, withall thepowers and duties of the office during such temporaryabsence or disability. If in such event the attorney general is unable to act, thetreasurer shall act as Governor, and if the treasurer is unable to act, such otherperson as may be provided bythelaws of Puerto Rico shall act as Governor duringsuch temporary absence or disability. In the event that because of death orany other reason a newly elected Governor isunable to take office, a temporarysuccessor shall be electedby a majority vote of the full house and senate of PuertoRico meeting at a jointsession of the legislature at the next succeeding termthereof, who shall hold office untila successor is elected and qualified at aspecialelection tobe held within one hundred and twenty days from the date of adjournment of said session.]

LEGISLATIVE DEPARTMENT

[Section 25. That alllocal legislative powers in Puerto Rico,except as hereinotherwise provided, shall be vested in a Legislature which shall consist of two houses, one the Senate and the other the House of Representatives, and the twohouses shall be designated the Legislature of Puerto Rico." ]

[Section 26.-- That the Senate of Puerto Rico shall consist of nineteen members elected for terms of four years by the qualified electors of Puerto Rico.Each of the seven senatorial districts defined as hereinafter provided shall havethe right to elect two Senators, and in addition thereto there shall be electedfive Senators at Large. No person shall be a member of the Senate of PuertoRico who is not over thirty years of age, and who is not able to read and writeeither the Spanish or English language, and who has not been a resident of PuertoRico for at least two consecutive years, and, except in the case of Senators atLarge, an actual resident of the senatorial district from which chosen for a periodi of at least one year prior to his election. Except as herein otherwise provided,the Senate of Puerto Ricoshall exercise all ofthe purelylegislative powers ancifunctions heretofore exercised by the Executive Council, including confirmationof appointments; but appointments made while the Senate is not in sessionshall be effective either until disapproved or until thenext adjournmentoftheSenate for the session. In electing the five Senators at Largeeach elector shall bepermitted to vote for but one candidate, and the five candidates receiving thelargest number of votes shall be declared elected.]

[ Section 27. That the House ofRepresentatives of Puerto Rico shall consistofthirty -nine members elected quadrennially by the qualified electors of PuertoRico, as hereinafter provided. Each of the representative district hereinafterprovided for shall have the right to elect one Representative, and in additionthereto there shall be elected four Representatives at Large. No person shell be amember of the House of Representatives who is not over twenty-five years of age,and who is not able to read and write the Spanish or English language, and excentin the case of Representative at Large, who has not been a bonafide resident of the

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district from which elected for at least oneyear priorto his election. In electingthe fourRepresentatives at Large, each elector shall be permitted to vote for butone candidate, and the four candidates receiving the largest number of votes shall be elected. ]

[Section 28. Thatfor the purpose of election hereafter to the Legislature theIsland of Puerto Rico shall be divided into thirty-five representative districts,composed of contiguousand compact territory and established, so far as practicable, upon the basis of equal population. The division into and the demarcation of such districts shall be made by the Executive Council of Puerto Rico.Division of districts shall be made as nearly as practicable to conform to the topographical nature of the land, with regard to roads andother means ofcommunication andto natural barriers Said Executive Council shall also divide the Islandof Puerto Rico into seven senatorial districts, each composed of fivecontiguousand compact representative districts. They shall make their report within thirtydaysafter theapprovalof this Act, which report, when approved by the Governor,shall be final.].

[Section 29. That the next election in Puerto Rico shall be held in the yearnineteen hundred and seventeen upon the sixteenthdayof July. At such electionthere shall be chosen Senators, Representatives, a Resident Commissioner to theUnited States,and two Public ServiceCommissioners, as hereinprovided. Thereafter the elections shall be held on the first Tuesday afterthe first Monday inNovember, beginning withthe year nineteen hundred and twenty, and everyfour years thereafter,and the terms of office of all municipal officials who haveheretofore been elected and whose terms wouldotherwise expire at the beginningof the year nineteen hundred and nineteen are hereby extended until the officialswho may be elected tofill such offices in nineteen hundred and twenty shall havebeen duly qualified; Provided, however, That nothing herein contained shall beconstrued to limit the right of the Legislature of Puerto Rico at any time torevise the boundaries of senatorial and representative districts and of anymunicipality, or to abolish any municipality and the officers provided therefor.]

[Section 30. The terms of office of senators and representatives elected atany general election shall be four years, commencing on the 2d day of Januaryfollowing the date upon which such election was held. In case of a vacancy inthe office of any senator or representative occurring by reason of death, resignation,or otherwise, the Governor, upon the recommendation of the central committeeof the political party of whichsuch senator or representative was a member, shallappoint a senator orrepresentative from such political party to fill such vacancywho shall hold office for the remainder of the term for which his predecessor waselected. No senator or representativeso elected or appointed shall, during histerm of office, be appointed to any civil office under theGovernmentof PuertoRico, and no such senator or representative shall be eligible for appointment toany office created during his term of office until the expiration of two years afterthedate upon which his term of office shall have expired.]

[Section 31.- Until otherwise prescribed pursuant to section 50 of this Act,members of the senate and houseof representatives of Puerto Rico shall receivecompensation at the rate of $7 per day for the number of daysof each regularsession and of each special session while in session and mileage foreach regularsession and each special session at the rate of 10 cents per kilometer for each kilo meter actually and necessarily traveled in going from their place of residence intheir legislative districts to the capital and returning therefrom to their place ofresidence in their legislative districts by the usual routes of travel: Provided. That mileage for only one trip in going to and from each regular session and each special session shall be allowed: And provided, further, That themembers of the senate andhouse of representatives of Puerto Rico shall not be entitled to nor receive anyemoluments, remuneration, compensation, or paymentfor services or expensesother than the $7 per daycompensation for services and 10 cents per kilometer fortravel expense in this section authorized.]

(Section 32. That the senate and house of representatives, respectively,shallbe the sole judges of the elections, returns, and qualificationsof their members,and they shall have and exercise all the powers with respect to the conduct of theirproceedings that usually pertain to parliamentary legislative bodies. Both houses shall convene at the capital on the second Monday in February following the nextelection, and organize by the election of a speaker or apresiding officer, aclerk, andasergeantat arms for each house, and such other officers andassistants as may berequired.]

(Section 33. That regular sessions of the legislature shall be held annually, convening on the secondMonday in February of each year and closing not later

than April 15following;the governor may call special sessions of the legislatureor of the senate at anytime whenin hisopinionthepublic interest mayrequireit, but nospecialsession shall continuelonger than fourteen calendar days, andnolegislation shall be considered at such session other than thatspecifiedin thecall therefor or in any special message by the governor to the legislature while insuch session.]

[Section 34.- That the enacting clause of thelaws shall be as to acts, "Beit enacted by the Legislatureof Puerto Rico" , and to joint resolutions, " Be itresolved by the Legislature of Puerto Rico.' Except as hereinafter provided,bills and joint resolutions may originate in either house. The governor shalisubmit atthe openingof each regularsession ofthe legislature a budget of receiptsand expenditures,which shall be the basis of the ensuing biennialappropriationbill. No bill shall becomea law until it be passed in each house bya majorityyea-and-nay voteof all of themembers belonging to such house and entered uponthe journal andbe approved by the governor within ten days thereafter. Ifwhen a bill that has been passedis presented tothe governor forhissignature heapproves thesame, heshall sign it; or if not, he shallreturn it, with his objections,to the house in which it originated, which house shall enterhis objections atlargeon its journal and proceed to reconsider it. If, after such reconsideration, twothirds of all the members of that house shall agree to pass the same it shall besent, together with the objections, to the otherhouse,by which it shall likewisebe reconsidered, and if approved by two-thirds of all the members of that houseit shall be sent to the governor, who, in case he'shall then not approve, shalltransmit the same to the President of the United States. The vote of each house shall be by yeas andnays, and thenamesof the members votingfor and againstshall be entered on the Journal. If the President of the United States approves the same he shall sign it and shall become a law. If he shall not approve same he shall returnit to the governorso stating, and itshall not become a law: Provided,That the President of the United States shall approve or disapprove an Act submittedto him under the provisions of this section within ninety days fromand after its submission for his approval; and not approved within such timeit shall become a law the same as if it had been specifically approved. If any bill presented to the governor contains several items of appropriationof money,he may object toone or more ofsuch items , or any part or parts, portion or portions thereof, while approving of the other portion of the bill. In such case heshall appendto the bill, at thetime of signing it, a statement of the items, partsor portions thereof to which he objects, and the appropriation so objected toshall not take effect. If any bill shall not be returned by the governor withinten days(Sundays excepted) after it shall have been presented to him ,it shall bea law in like manner as ifhehad signed it, unless thelegislatureby adjournmentprevents its return, in which case it shall be a law if signed by the governorwithin thirty days after receipt by him; otherwise it shall not be a law . All laws enacted by the Legislature of Puerto Rico shall be reported to the Congressof theUnited States, as provided in section twenty-three of this Act, which herebyreserves the power and authority to annul thesame. If at the termination of any fiscal year the appropriationsnecessary for thesupport of the government forthe ensuing fiscal year shall not have been made, the several sums appropriatodin the last appropriation bills for the objects and purposes therein specified, sofar as thesame maybeapplicable,shall be deemedtobereappropriated itembyitem; and until the legislature shall act in such behalf the treasurer may, withthe advice of the governor, make the payments necessary for the purposes afnse.said.

y Cach house shall keep a journal of its proceedings, and may, in its discretion.from time to time publish the same, and the yeas andnays on any question shall,on the demand of one-fifth of the members presented, be entered on the Journal,

[ The session of each house and of the committees of the whole shall be open .

ENeither house shall, without the consent of the other, adjourn for more thanthree days, nor to any other place than that in which the two houses shall be sitting.

No law shall be passed exceptby bill, and no bill shall beso altered or amendedonits passage througheither house as to change its original purpose.

(No actof the Legislature except the general appropriation bills for the expenses of the Government shall take effect until ninety days after its passage,unless in caseof emergency (which shall be expressed inthe preamble orbodyofthe act) the Legislature shall by a vote of two-thirds of all the members elected to each house otherwise direct. " No bill, except the general appropriatior bill forthe exnenses of the Government only, introduced in either house of the Legisla.ture after the first forty days of the session, shall become a law.

[No bill shall be considered or become a law unless referred to a committee,returned therefrom,and printedfor the use of the members;Provided,That eitherhouse may by a majority vote discharge a committee fromthe consideration of ameasure and bring it before the bodyfor consideration.

[No bill except general appropriation bills, shall be passed containing morethan one subject, which shall be clearlyexpressed in its title; but if any subjectshall be embraced in any act which shall not be expressed in the title,suchactshall be voidonly as to so much thereof as shall not be so expressed.

[No law shall be revived, or amended, or the provisions thereof extended orconferred by reference to its title only, butsomuch thereofas is revived, amended,extended, or conferred shall be reenacted and published at length.

[The presiding officer of each house shall, in the presence of thehouse overwhich he presides, sign all bills and joint resolutionspassed bythe Legislature,after their titles shall have been publicly read, immediately before signing; andthe fact of signing shall be entered on the Journal.

[ The Legislature shall prescribe by law the number, duties, and compensationof the officers and employees of each house; and no payment shall bemade forservices to the Legislature from the Treasury, or be in any way authorized toany person, except to an acting officer or employee elected or appointed in pursuance of law.

[ No bill shall be passed givingany extra compensation to any public officer,servant or employee, agent or contractor, after services shall have been renderedor contract made.

[Except as otherwise provided in this Act, no law shall extend the term of anypublic officer, permit any officer or employee to draw compensation for morethan one office or position, or increase or diminish the salary or emoluments ofany senator or representative during the term for which heis elected or appointed.

[All bills for raising revenue shall originate inthe House of Representatives,but the Senate may propose orconcur with amendments, as in caseof other bills.

[ The general appropriation bill shall embrace nothing but appropriations forthe ordinary expenses of the executive, legislative, and judicial departments,interest on the publicdebt, and forpublic schools. Allother appropriations shallbemade by separate bills,each embracing but one subject.

[Every order, resolution, or vote towhich concurrence of bothhouses may benecessary,except on the question of adjournment, or relating solely to the trans action of business of the two houses, shall be presented to the Governor, andbefore it shall take effect be approved by him,or, being disapproved, shall berepassed by two-thirds of both houses, according to the rulesand limitationsprescribed in case of a bill.

[Any person who shall, directly or indirectly, offer, give, or promise any moneyorthing of value, testimonial, privilege, or personal advantage to any executiveor judicialofficer or member of the Legislature to influence himin theperformanceof any of his public or official duties, shall be deemed guilty of bribery, and bepunished by afine not exceeding $5,000, or imprisonment not exceedingfive years,or both.

[ The offense ofcorrupt solicitation of members of the Legislature, or of publicofficers of Puerto Rico, or of any municipal division thereof, and anyoccupationor practice of solicitation of such members or officers toinfluencetheir officialaction, shall be definedby law, and shall be punished by fine and imprisonment.

[In case the availablerevenues of Puerto Rico for any fiscal year,includingavailable surplus in the Insular Treasury, are insufficient to meet all the appropriationsmade by the Legislature for such year, such appropriations shall be paidin the following order,unless otherwise directed by the Governor.

[First class. Theordinary expenses ofthe legislative, executive,and judicialdepartments of the State government, and interest on any public debt, shall firstbe paid in full.

[Second class. Appropriations for all institutions, such as the penitenteiry,insane asylum , industrial school, and the like, where the inmates are confinedinvoluntarily, shall next be paid in full.

[Third class. Appropriations for education and educational and charitableinstitutions shall next be paid in full.

[Fourth class. Appropriations for any other officer or officers, bureaus orboards, shall next be paid in full.

[Fifth class. Appropriations for all other purposes shall nextbe paid.

( That in case there are not sufficient revenues for any fiscal year, includingavailable surplus in the Insular Treasury, to meet in full the appropriations ofsaid year forall of the said classes of appropriations, then said revenues shall be

applied to the classes in the order abovenamed, and if, after the payment of theprior classes in full, there are not sufficient revenues for any fiscal year to payin fullthe appropriations for that year for the next class, then,in that event, whatever there may be to apply on account of appropriations for said class shall bedistributed among saidappropriations pro rata according as the amount of eachappropriation of that class shallbear tothe total amount of all of said appropriations for that class for such fiscal year.

[No appropriation shall be made, nor any expenditure authorized by the Legis lature, whereby the expenditure of the Government ofPuerto Rico during any fiscal year shall exceed the total revenue then provided for by law and applicablefor such appropriation or expenditure, including any available surplusin theTreasury, unless the Legislature making such appropriation shall provide for levying a sufficient tax to pay such appropriation orexpenditure within such fiscal year. )

[Section 35. That at the first election held pursuant to this Act the qualifiedelectors shall be those having the qualifications of voters under the present law.Thereafter voters shall be citizens of the United States twenty-one years of ageor over and have such additional qualifications as may be prescribed by theLegislature of Puerto Rico; Provided, That no property qualifications shall everbe imposed upon or required of any voter.)

Section 36. Thatthe qualifiedelectors of Puerto Rico shall at the next generalelection choose a Resident Commissioner to the United States, whose term oi o liceshall begin on the date oftheissuanceofhis certificateofelectionand shallcontinueuntil the fourth of March, nineteen hundred and twenty -one. At each subsequentelection, beginning with the year nineteen hundred and twenty, the qualifiedelectorsof Puerto Rico shall choose a Resident Commissioner to theUnited States,whose termof office shallbe four years from the third day ofJanuary followingsuch general election, and who shall be entitled to receive official recognition assuch Commissioner by all of the departments of the Government of the UnitedStates, upon presentation, through the Department of State, of a certificate ofelection of the Governor of Puerto Rico. The Resident Commissioner shall receive a salary, payablemonthly by the United States, of $7,500 1 per annum . SuchCommissionershall be allowed the same sum for stationery and for the pay ofnecessary clerk hire as is now allowed to Members of the House of Representativesof the United States; and he shall be allowed the sum of $500as mileage for eachsession of the House ofRepresentatives and thefranking privilege granted Members of Congress. Noperson shallbe eligibletoelection asResidentCommissionerwho is not a bonafidecitizen ofthe United Statesand who is notmore than twentyfive years of age, and who doesnot read and write the English language. In caseof a vacancy in the office of Resident Commissioner by death, resignation,orotherwise, the Governor, by and with the advice and consent ofthe Senate shall appoint a Resident Commissioner to fill the vacancy, who shall serve until the next generalelection anduntil his successoris elected andqualified.

Section 37.---That the legislative authority herein provided shall extend to allmattersofa legislative character not locally inapplicable, including powerto create,consolidate, and reorganize the municipalities so far asmay be necessary, and toprovide and repeal laws and ordinances therefor; also the power to alter,amend,modify,orrepeal any or all laws and ordinances of every character now in forcein Puerto Rico or municipality or district thereof, in so far as such alteration,amendment, modification, or repeal may be consistent with the provisions of thisAct.

[No executive department not provided for in this Act shall be created by theLegislature, but the Legislature may consolidate departments, or abolish anydepartment, with the consent of thePresident of theUnited States.]

Section 38.-- [(As amended by Act of Congress approved March 4, 1927,and Act of Congress approved: That all grantsof franchises, rights, privileges,and concessions of a public or quasi public nature shall be made by a publicservice commission consisting of a public service commissioner, who shall be the president of the said commission, and two associated commissioners, to be appointed by the governorwiththeadviceand consent of theSenate. The PublicService Commissioner shall be appointed for term of three years and until his successor shall be appointed andshall have qualified, and one of the said associated commissioners, first appointed, shall hold for a term of two years andone shall hold for a term of one year; and thereafter, each of said associate commissioners shall hold for a term of three years and until their successors shall havebeen appointed and shall have qualified: Provided, That the present elective 1 Increased to $ 10,000 by the Act of March 4, 1925, and to $12,500 by the Act ofAugust 2, 1946, 60 Stat. 850.

PUERTO RICO

members of the said commission shall continue to be members of said commission until their term of office expires as now provided by law and shall form the commission, togetherwith the three membersappointed by the governor as aforesaid,until the expiration of such period of their services and not thereafter. The public servicecommissioner shall devote his entire time to hisduties as such commissioner. Until otherwise prescribed pursuant to section 50of this Act

(a) the salary of the public service commissioner shall be $6,000 a year, and

(b) the compensation of the associated members shall be $10 foreach day'sattendance at the sessions of the commission, but in no case shall they receivemorethan $1,000 during any one year. The said commission is empoweredand directed to discharge all the executive functions relating to public servicecorporations, heretofore conferred by law upon the executive council and suchadditional duties and functions as may be conferred upon said commission bythe legislature. Franchises, rights, and privileges granted by the said commission shall not beeffective until approved by the governor andshall be reportedtoCongress, which hereby reservesthe power to annul ormodify thesame.]

The Interstate Commerce Act and the several amendments made or to bemade thereto, the Safety Appliance Acts and the several amendments made orto be made thereto, and the Act of Congress entitled An Act to amend an Actentitled 'An Act to regulate commerce', approved February 4, 1887, and all Actsamendatory thereof, by providing for a valuation of the several classesofpropertyof carriers subject thereto and securing information concerning their stocks,bonds, and other securities , approved March 1, 1913, shall not apply to PuertoRico.

)

[ The legislative assemblyof Puerto Ricois hereby authorized to enact lawsrelating tothe regulations of the rates, tariffs, and service of all public carriersin Puerto Rico, and the Public Service Commission hereby created shall havepower to enforce such laws under appropriate regulation.]

[Section 39. That all grants of franchises and privileges under the sectionlast preceding shall provide thatthe sameshallbe subject to amendment, alteration ,or repeal, and shall forbid the issue of stocks or bondsexceptinexchange foractual cash or property at a fair valuation to be determined by the Public ServiceCommission equal in amount to the par value of the stocks or bonds issued, andshall forbid the declaring of stock or bond dividends, and in the case of publicservice corporations shall provide for the effective regulation of charges thereofand for the purchase or taking of their property by the authorities at a fair andreasonable valuation.

[ That nothing in this Act contained shall be so construed as to abrogate or inanymanner impairor affect the provisioncontained insection three of thejointresolution approved May first, nineteen hundred, with respect to the buying,selling, or holding of real estate. That the Governor of Puerto Rico shall causeto have made andsubmitted to Congress at the session beginning the first Mondayin December, nineteen hundred and seventeen, areport of all the real estate usedfor the purposes of agriculture and held either directly or indirectly by corporations, partnerships, or individuals in holdings in excess of five hundred acres.]

JUDICIAL DEPARTMENT

[ Section40. That the judicial power shall be vested in thecourts andtribunalsof Pucrto Rico now established and in operation under and by virtue of existinglaws. The jurisdiction ofsaid courts and the form of procedure in them , and thevariousofficers and attaches thereof, shall also continue to be as now provideduntil otherwise provided by law; Provided, however, That the Chief Justice ardAssociate Justices of the Supreme Court shallbe appointedby the President, byand with advice and consent of the Senate of the United States, and the Legislature of Puerto Rico shall have authority, from time to timeas it may see fit,notincorsistent with this Act, to organize, modiíy, or rearrange the courts and theirjurisdiction and procedure, except the District Court of the United States for Puerto Rico. )

Section 41.-- Puerto Rico shall constitute a judicial district to be called " the district of Puerto Rico. The President, by and with the advice and consent of theSenate, shall appoint one district judge, who shall serve for a term of eight yearsand until hissuccessor is appointed and qualified and whose salary shall be $10,000per anrum . * There shall be appointed in like manner a district attorney, and a marshal for said district, each for a term of four years unless sooner removed by

* Solariesofdistrict judges, including that of Puerto Rico,were increased to $15,000 perannum by PublicLaw 567 , 69th Congress .

the President. The district court for said district,shall be called " The DistrictCourt of the United States for Puerto Rico , and shall have power to appoint all necessary officials and assistants, including the clerk, interpreter, and such commissioners as may be necessary, who shall be entitled to the same fees and havelike powers andduties as are exercised and performed by United States commissioners. Such districtcourt shall have jurisdiction of all cases cognizable in thedistrict courts of the United States, and shall proceed in the same manner. In addition saiddistrict court shall have jurisdiction for the naturalization of aliensand Puerto Ricans, and for this purposeresidence inPuerto Rico shallbecountedin the same manner as residence elsewhere in the United States. Said district court shall have jurisdiction of all controversieswhere all of the parties on eitherside of the controversy are citizens or subjects of a foreign State or States, or citizens of a State, Territory or District of the United States not domiciled in PuertoRico, whereinthe matter in dispute exceeds, exclusive ofinterest or costs, the sumor value of $3,000,and of all controversies in which there is a separable controversyinvolving such jurisdictional amount and in which all ofthe parties on either sideof such separable controversy are citizens or subjects of the character aforesaid.The salaries of the judge and officials of the District Court of the United States for Puerto Rico, together with the court expenses, shall be paid from the UnitedStates revenues in the same manner as in other United States district courts. In caseof vacancy or of thedeath, absence, or otherlegal disability on thepartofthe judge of the said District Court of the United States for Puerto Rico, thePresidentof the United States is authorized to designate one of the judgesof theSupreme Court ofPuerto Rico to discharge the duties of judge of said courtuntilsuch absence or disability shall be removed, and thereupon such judge so designatedforsaidservice shall be fully authorizedandempowered to perform thedutiesof said office during such absence or disability of such regular judge, and to signallnecessary papers and records as the acting judge of said court, without extracompensation.

Section 42. That the laws of the United States relating to appeals, writs oferror and certiorari, removal of causes, and other matters or proceedings asbetween the courts of the United States and the courts of the several States shallgovern in such matters and proceedings as between the district court of theUnited States and the courts of Puerto Rico. Regular terms of said UnitedStates district court shall be held at San Juan, commencing on the first Mondayin May and November of each year, and also at Ponce on thesecond Monday inFebruary of each year, and special terms may be held at Mayagüez at suchstated times as said judge may deem expedient. All pleadings andproceedingsin said court shall be conducted in the Enguish language. The scid districtcourtshall be attached to and included in the first circuit of the United States, with the right of appeal and reviewby said circuit court of appeals in all caseswherethesame would lie from any district court to a circuit court of appeals of the UnitedStates, and with the right of appeal and review directly by the Supreme Courtof the United States in all caseswhere a direct appeal would be from such district courts .

Section 43.- That writs of error and appeals from the final judgments anddecrees of the Supreme Court of Puerto Rico may be taken and prosecuted tothe Circuit Court of Appeals for the First Circuit and to the Supreme Courtof the United States, asnow provided by law.

Section 44. That the qualifications of jurors as fixed by the locallaws ofPuerto Rico shall not apply tojurors selected to serve in the District Court ofthe United States for Puerto Rico; butthe qualifications required of jurors insaid court shall be that each shall be of the age of not less than twenty -one yearsand not over sixty-five years, a resident of Puerto Rico for not less than oneyear, and have a sufficient knowledge of the English language to enable him toserve as a juror; they shall also be citizens of the United States. Juries for thesaid court shall be selected, drawn and subject to exemption in accordance withthe laws ofCongress regulating the same in the United States courts insofar aslocally

Sectionapplicable.

45.---Thatallsuch fees, fines,costs,andforfeitures aswould be depositedto the credit of the United States if collected and paidinto a district court of theUnited States shall become revenues of the United States when collected andpaid into the District Court of the United States for Puerto Rico; Provided, That$500 a year from suchfees, fines, costs, and forfeitures shall be retained by theclerk and expended for law librarypurposes under the direction of the judge.

Section 46. That the AttorneyGeneralof the United States shall from timeto time determine the salaries of all officials and assistants appointed by the

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United Statesdistrictcourt, including theclerk, his deputies, interpreter, stenographer, and other officials and employees, the same to bepaid by the United Statesas other salaries and expenses of like characterin the United States courts.

Section 47. That jurors and witnesses in the District Court of the UnitedStates for Puerto Rico shall be entitled to and receive 15 cents for each mile necessarily traveled over any stageline or by private conveyanceand 10 cents foreach mile over any railway in going to and returning from said court. But no constructive ordoublemileagefees shall be allowedbyreason ofany person beingsuminoned both as witnessand juror or as witness in two or more cases pendingin the same court and triable at the same term thereof. Such jurors shallbe paid$3perday and such witnesses $1.50 perday while in attendance upon the court.

Section 48. That the Supreme and District Courts of Puerto Rico and therespective judgesthereofmay grant writs of habeas corpus in all casesinwhich thesameare grantable by the judges of theDistrict Courts of the United States, andthe District Courts may grants writs of mandamus in all proper cases.

That no suit for the purpose of restrainingthe assessment or collection of anytaximposed by the laws of Puerto Rico shallbe maintained in the District Courtof the United States for Puerto Rico.

[Section 49.---That hereafter all judges,marshals, and secretaries ofcourts nowestablished or that may hereafter be established in Puerto Rico, and whose appointment by the President is not provided for by law , shallbeappointed bytheGovernor, by and with the advice and consent of the Senate of Puerto Rico.]

Section 499.-- That the rules heretofore or hereafter promulgated and madeeffectiveby the Supreme Court of the United States under authority of the Actapproved June 19, 1934 (48 Stat. 1064; U. S. C., title 28, secs. 7236, 723c), orunder authority of any other statute, regulating the formsof process, writs andmotions, and the pleadings,practice, and procedure in actions of a civil naturein the district courts of the United States, and regulating appeals therefrom, shall apply to the District Court of the United States for Puerto Rico and to appealstherefrom .

[ Section 495.-(1) There shall bean administrative officer whose official titleshall be the Coordinator of Federal Agencies in Puerto Rico , who shall be appointed by the President, byand with theadvice and consent of the Senateofthe United States, and whoshall hold office at the pleasure of the President forthe purpose of coordinating the administration of all Federal civilian functions and activities in Puerto Rico. He shall receive as compensation for his services an annual salary of $10,000.

[(2) The Coordinator of Federal Agencies shall coordinate the administrationof all Federal civilian functions and activities in Puerto Rico. The administrative heads of all Federal civilian agencies in Puerto Rico shall make such reports to the Coordinator of Federal Agencies as he shall require and he shall through theSecretary of the Interior make recommendations to the heads of such agencieswith respeot to their personnel, functions, and activities in Puerto Rico; thePresident may, however, by Executive orderexempt any Federal agency frommaking such reports to the Coordinator of Federal Agencies. The coordinatorof Federal Agencies shall make recommendations for the better coordinator ofthe Federal civilian functions and activities and may make recommendationsfor the elimination or reduction of those which duplicateor conflict with eachother or with activities carried on by the Government of Puerto Rico. He shallreport through the Secretary of the Interior to the President and to Congressconcerning the administration of all Federal civilian functions and activities inPuerto Rico,specifying the recommendationsmadeby him tothe Federal agenciesend the results of such recommendations. He shall advise the Secretary of theInterior, who shall advise the Bureau of the Budget and the Congress with respectto all appropriation estimates submitted by anycivilian department or agency ofthe l'ederalGovernmentto be expended in or for the benefit of Puerto Rico. He shall confer with the Governor of Puerto Rico with respect to the correlation ofactivities of Federal and insular agencies and all plans and programs and other matters of mutual interest.

[(3) The Presidentof the UnitedStates may, from time totime, after hearing.promulgate Executive orders expressly excepting Puerto Rico from the applicationofany Federal law, not expressly declared by Congress to be applicableto PuertoRico,which as contemplatedby section 9of this Actis inapplicable by reason oflocal conditions. TheCoordinator of Federal Agencies may, from time to time, make recommendations to the President for such purpose. Any such recom mnendation shall show the concurrence or dissent of the Governor of Puerto Rico.

[(4) The Coordinator of Federal Agencies, in the name of the President of the

United States, shallhaveauthorityto request from the Governor of Puerto Rico,andthe Governor shall furnish to himall such reports pertaining to the affairs,conditions and government of Puerto Rico asthe Coordinator ofFederal Agenciesshall from time totime request, for transmission to the President through theSecretary of the Interior.

[(5) The President of the United States shall prescribesuch rules and regu lations as may be necessary to carry out the provisions of this section. ']

[ SEC. 50. Except asotherwise provided in this or anyother Act, the salariesand office expenses ofall officials of Puerto Rico, includingdeputies, assistants, andother help,as well as the chief justice and associate justicesof the supremecourt,shall be such and so paid outof the revenues of Puerto Rico asshallfrom time totimebe appropriated bythe Legislature of Puerto Rico approved bythe Governor;and if the legislature shall fail to make an appropriation forsuch salaries, thesalaries theretofore fixed shall be paid without the necessity of further appropriationstherefor. Allsaid salaries of thechiefjustice and associate justicesshall bepaid in equal monthly installments. In addition tohis annual salary, the Governor shall be entitled to theoccupancy of the buildings heretoforeused by thechiefexecutiveof Puerto Rico, withthefurniture and effects therein,free of rental.

[ Until otherwise prescribed as provided in this section, the annual salary of thechiefjustice of thesupreme court shall be $10,500 and the annual salaryof eachassociate justiceof the supreme court shall be $ 10,000.

[Where anyofficer, during such time as his salaryisfixed by this Act, is requiredto give a bond, the premium thereof shall be paid from the insular treasury.]

[ Section 51.- That the provisions of the foregoing section shall not apply tomunicipalofficials;their salaries and the compensation oftheir deputies,assistents,and other help, as well as all other expenses incurred by the municipalities, shallbe paid out of the municipal revenues, in such manner as the Legislature shallprovide.]

[ Section 52. That wherever in this Act offices of the Insular Government ofPuerto Rico are provided for under the same names as in the heretofore existingActs of Congress affecting Puerto Rico, the present incumbents of those officesshall continue in office in accordance withtheterms and at the salaries prescribedby this Act, excepting theheads of thosedepartments who are to be appointed bythe Governor and who shall continue in office only until their successors are appointed and have qualified. The offices of Secretary of Puerto Rico and Director of Labor, Charities, and Correction are hereby abolished. Authority is givento the respective appointing authorities to appoint and commission persons to fillthe new offices created by this Act.]

[Section 53. That any bureau oroffice belonging to any of the regular departmentsof the Government, or hereafter created, or notassigned, may be transferredor assignedto any department by the Governor with the approval of the Senateof Puerto Rico.]

[Section 54. That deeds and other instruments affecting land situate in theDistrict of Columbia, or any other territory or possession of the United States,may be acknowledged in Puerto Ricobefore any notary public appointed thereinby proper authority, or any officer therein who has ex officio the powers of anynotary public:Provided, That the certificate by such notary shall be accompaniedby the certificate of the Executive Secretary of Puerto Rico to the effect that thenotary taking such acknowledgement is in fact such notarial officer. ]

[Section 56. - That this Act shall take effect upon approval, but until its pro visions shall severally become operative , as herein before provided , the corresponding legislative and executive functions of the government in Puerto Rico shallcontinue to be exercised and in full force and operation as now provided by law ;and the Executive Council shall, until the assembly and organization of the Legislature of Puerto Rico as herein provided, consist of the Attorney General,the Treasurer, the Commissioner of the Interior, the Commissioner of Education,the Commissioner of Health, and the Commissioner of Agriculture and Labor, and the five additional members as now provided by law. And any functions assigned to the Senate of Puerto Rico by the provisions of this Actshall, untilthis said Senate has assembled and organized as herein provided, be exercisedby the ExecutiveCouncil as thus constituted:Provided, however, Thatallappointments made by the Governor, by and with the advice and consent ofthe Execu tive Council as thus constituted, in the Executive Council as authorized by sectionthirteen ofthis Act or in the office of Executive Secretary of Puerto Rico, shall be regarded as temporary and shall expire not later than twenty days from andafter the assembly and organization of the Legislature hereinbefore provided,unless said appointments shall be ratified and made permanent by the saidSenate of Puerto Rico.]

[Section 57. - That the laws and ordinances of Puerto Rico now in force shall continue in force and effect except as altered, amended, or modified herein , untilaltered, amended, or repealed by the Legislative authority herein provided for Puerto Rico or by Act of Congress of the United States; and such legislativeauthority shall have power, when not inconsistent with this Act, by due enact ment to amend, alter, modify, or repeal any law or ordinance,civil or criminal, continued in force by this Act as it may from time to time seefit.]

Section 58. That all laws or parts of laws applicable to Puerto Rico not inconflict with any of the provisions ofthis Act, incl ng the laws relatingto tariffs,customs, and duties on importationsinto Puerto Rico prescribed by the Act ofCongress entitled An Acttemporarily to provide revenues and a civil governmentfor PuertoRico, and for other purposes , approved Apriltwelfth, nineteenhundred, are hereby continued in effect, and all laws and parts of laws inconsistentwith the provisions of this Act are hereby repealed.

Approved, March 2, 1917.

APPENDIX B

(That part of the Organic Act of Puerto Rico which will remain in force and effect and which will be known as Puerto Rican Federal Relations Act after enactment of this measure is set forth below . )

THE PUERTO Rico FEDERAL RELATIONS ACT

Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled:

That the provisionsofthis Act shall apply to the Island of Puerto Rico andto the adjacent islands belonging to theUnited States, and waters of thoseislands - and the name Puerto Rico as used in this Act shall be held to includenotonly the island of that name but allthe adjacent islands as aforesaid.

Section 2. The rights, privileges, and immunities of citizens of the UnitedStates shall be respected inPuerto Rico to the sameextent as though Puerto Ricowere a State ofthe Union and subject to the provisions of paragraph 1 of section2 of article IV of the Constitution of the United States.

Section 3. - That no export duties shall be levied or collected on exports fromPuerto Rico, but taxes and assessments on property, income taxes, internalrevenue, and license fees, and royalties for franchises, privileges, and concessionsmay be imposed for the purposes of the insular and municipal governments,respectively, as may be provided and defined by the Legislature ofPuerto Rico;and when necessaryto anticipate taxes and revenues, bonds and other obligationsmaybe issued by Puerto Rico or any municipalgovernment therein asmay beprovided by law, and to protect thepublic credit: Provided, however, That nopublic indebtedness of Puerto Rico and themunicipalities of San Juan, Ponce andMayagüez shall be allowed in excess of 10 per centum of the aggregatetax valuation of its property, and no public indebtedness of any other subdivision orinunicipality of PuertoRico shall hereafter be allowed in excess of5 per centumof the aggregate tax valuation of the property in any such subdivision or municipality, and all bonds issued by the government of Puerto Rico, orby its authority,shall be exempt from taxation by the Government of the UnitedStates,or by thegovernment of Puerto Rico or of any political or municipal subdivision thereof , orby any State, Territory, or possession, or by any county, municipality, or othermunicipal subdivision of anyState, Territory, or possession of the United Statesor by the District of Columbia. In computing the indebtedness of thepeople of Puerto Rico,municipal bonds for thepaymentof interest and principalof whichthe good faith of t epeople of Puerto Rico has heretofore been pledged and bondsissued by the people of Puerto Rico secured by bonds to an equivalent amount ofbonds ofmunicipal corporations or school boards of Puerto Rico shall not becounted, but all bonds hereafter issued by any municipality or subdivision withinthe 5 per centum herehy authorized for which the goodfaith of the people ofPuerto Ricois pledged shall be counted.

And itis further provided, That theinternal-revenue taxes levied by the Legislature of Puerto Rico in pursuance of the authority granted by this Ad on articles,goods, wares, or merchandise may be levied and collected as such legislature maydirect, on the articles subject to said tax, as soon as the same are manufactured,sold, used, or brought into the Island: Provided, That no discrimination be madebetween the articles imported from the United States or foreign countries and

similar articles produced or manufacturedin Puerto Rico. The officials of theCustoms and Postal Services of the United States are hereby directed to assist theappropriate officials of the Puerto Rican government in the collection of these taxes.

Section 5. That all citizens of PuertoRico, as defined by section seven of theAct of April twelfth, nineteen hundred, temporarily to provide revenues andacivil governmentfor Puerto Rico, andfor otherpurposes ,andallnatives ofPuertoRico who were temporarily absent from that island on April eleventh, eighteenhundred and ninety-nine, and have since returned and are permanently residingin that island, and are not citizensof any foreigncountry, arehereby declared, andshall be deemed and held to be, citizens of theUnited States: Provided, That any person hereinbefore described may retain his presentpolitical status by making adeclaration, under oath, of his decision to doso within six months of the takingeffect of this Act before the district court in the district in which he resides, thedeclaration to be in form as follows:

I, being duly sworn, hereby declare my intention not to become a citizen ofthe United Statesasprovided in theActof Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanentlyresiding in said island."

In thecase of any suchperson who may be absent from the island during saidsix months the term of this proviso may be availed of by transmitting a declaration, under oath, in the form herein provided within six months of the takingeffect of this Act to the Executive Secretary of Puerto Rico: And provided further,That any person who is born in Puerto Rico of an alien parent and is permanentlyresidingin that island may, if of full age, within six months of the taking effectofthis Act, orifaminor, upon reachinghis majority, orwithin oneyearthereafter,make a sworn declaration of allegiance to the United States before the UnitedStates District Court for Puerto Rico, setting forth therein all the facts connectedwith his or her birth and residence in Puerto Rico and accompanying due proofthereof, and from and after the making of such declaration shall be consideredto be a citizen of the United States.

Section 5a. That all citizens of the United States who have resided orwho shall hereafter reside in the islandfor one year shall be citizens of PuertoRico: Provided, That persons born in Puerto Rico of alien parents, referredto in the last paragraph ofsection 5, who did notavail themselves of the privilegegranted to them of becoming citizens of the United States, shall have aperiod ofone year from the approvalof this Actto make the declaration provided for inthe aforesaidsection:And provided further, That persons who elected to retainthepoliticalstatus of citizensofPuerto Rico may within one year after the passageof this Act become citizens of the United States upon the same terms and in thesame manner as is provided for the naturalization of native Puerto Ricans bornof foreign parents.

Section 5b. Allpersons born in Puerto Rico on or after April 11, 1899 (whetherbefore or after the effective dateof thisAct)andnot citizens,subjects,or nationalsof any foreign power, are hereby declared to be citizens of the United States:Provided, That this Act shall not be construed as depriving any person, nativeofPuerto Rico, of his or her American citizenship heretofore otherwise lawfullyacquired by such person; or to extend such citizenship to persons who shall haverenounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country:Andprovided,further, That any woman, native of Puerto Rico and permanentlyresiding therein, who, prior to March 2, 1917, had lost her American nationalityhy reason ofher marriage to an alien eligible to citizenship, or by reason of theloss of the United States citizenship by her husband, may be naturalized underthe provisions of section 4 of the Actof September 22, 1922, entitled, An Actrelative tothe naturalization and citizenship of married women ,as amended.

Section 5c. That any personof good character, attached to the principles ofthe Constitution of the United States, and well disposed to the good order andhanpiness of the United States, and born in Puerto Rico on orafter April 11,1899, who hascontinued to reside within thejurisdiction of the United Stateswhose father elected on or before April 11, 1900, to preserve his allegiance tothe Crown ofSpain in accordance with the provisions of the treaty of peacebetween the United States and Spain enteredinto on April 11, 1899, andwho,by reason of misinformation regarding his or her own citizenship status failedwithin the time limits prescribed by section 5 or section 5a hereof to exercisethe privilege of establishing United States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the

duties of a citizen of the United States, and has not personally sworn allegianceto any foreign government or ruler upon or after attainment of majority, maymake a sworn declaration of allegiance to the UnitedStates before any UnitedStates district court. Such declaration shall set forth facts concerning his orher birth in Puerto Rico, good character, attachment to the principles of theConstitution of the United States, and beingwell disposed to the goodorder andhappiness of the United States, residence within the jurisdiction of the StatesUnited , and misinformation regarding United States citizenship status , and shallbe accompanied by proof thereof satisfactory to the court. After making suchdeclaration andsubmitting such proofs, such person shall be admitted to takethe oath of allegiance before the court, and thereupon shall be considered a citizenof the United States.

Section 6. That all expenses that may be incurred on account of the Government of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internalimprovement or development of the island, not however, including defenses, barracks,harbors, lighthouses, buoys, and other worksundertaken by theUnited States,shall, except as otherwise specifically provided by the Congress, be paid by theTreasurer of Puerto Rico out of the revenue in his custody.

Section 7. That all property which may have been acquired in Puerto Ricoby the United States under the cession of Spain in the treaty of peace enteredintoon the tenth day of December, eighteen hundred and ninety-eight, in anypublic bridges, road houses, water powers, highways, unnavigable streams andthe beds thereof, subterranean waters, minesor minerals under the surface ofprivate lands, all property which at the time of the cession, belongs, underthelaws of Spain then in force, to the various harbor works boards of Puerto Rico,all the harbor shores, docks, slips, reclaimed lands, and all public lands andbuildings not heretofore reserved by the United States for public purposes, ishereby placed under the control of the Governmentof PuertoRico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of PuertoRico shall have authority, subject to the limitations imposed upon allits acts,to legislate with respect to all such matters as it may deem advisable: Provided,That the Presidentmay from time to time, in his discretion, convey to the peopleof Puerto Rico,such lands, buildings, or interestsin lands or otherproperty nowowned by the United States and within the territorial limits of Puerto Rico asin his opinion are no longer needed for purposes ofthe United States. And he mav from time to time accept by legislative grant from Puerto Rico any lands,buildings, or other interests or property which may be needed for public purposesby the United States.

Section 8. That the harbor areas and navigable streams and bodies of waterand submerged land underlving the same in and around the Islandof PuertoRico and the adjacent islands and waters, now owned by the United States andnot reserved by the United States for public purposes be,and the same are hereby,placed under the controlof the Governmentof Puerto Rico, to be administered inthe same manner and subject to the same limitations astheproperty enumeratedin the preceding section : Provided, That all laws of the United States for theprotection andimprovement ofthe navigable waters of the United States and the preservation of the interests of navigation and commerce, exceptso far as thesame may be locallyinapplicable, shall apply to said Island and waters and to itsadjacent islands and waters: Provided, further, That nothing in this Act contained shall be construed so as to affect or impair in any manner the terms orconditions of any authorizations, permits, or other powers heretofore lawfullygranted or exercised in or in respect of said waters and submerged land in andsurrounding said Island and its adjacent islands by the Secretary ofWar or otherauthorizedo icer or agent of the United States: And provided,further, ThattheAct of Congress approved June eleventh, nineteen hundred and six, entitled,An Act to empower the Secretary of War, under certain restrictions, to authorize the construction, extension, and maintenance of wharves, piers, and otherstructures on lands inderlving harbor areas in navigable streams and bodies ofwater in or surrounding Puerto Rico and the islands adjacent thereto, and allother laws and parts of laws in conflict with this section be, and the same are her by, Sectionrepealed.

9. That the statutory lawsofthe United States not locally inapplicable,exceptas herrinbefore or hereinafter otherwise provided,shall havethesameforceand effect in Puerto Rico as in the United States, exceptthe internal-revenue laws:Provided, however, That hereafter all taxes collected under the internal-revenue

laws of the United States on articles produced in Puerto Rico and transported tothe United States, or consumed in theIsland shall be covered into the Treasury ofPuerto Rico.

Section10. That all judicial process shall runin the name of United States ofAmerica, SS, the Presidentofthe United States," and all penal or criminal prosecution in the local courts shall be conducted in the name and by the authority of" The People of Puerto Rico ; and all officials shall be citizens of the United States, and, before entering upon the duties of their respective offices, shall takean oath to support the Constitution of the United States, and the laws of PuertoRico.

Section 11. That all reportsrequired by law to be madeby the Governor orheads of departmentsto any official oftheUnited States shallhereafterbe madeto an executive departmentof the Government of theUnited States to be designatedby the President, and the President isherebyauthorizedto place all matterspertaining to the Government of Puerto Rico inthe jurisdictionof such department.

Section 36. That the qualified electors of Puerto Rico shall at the next general election choose a Resident Commissioner to the United States, whose term of office shall begin on the date of the issuance of his certificate of election and shallcontinue until the fourth of March, nineteen hundred and twenty-one. At eachsubsequent election, beginning with the year nineteen hundred and twenty, thequalified electorsof Puerto Rico shall choosea Resident Commissioner to theUnited States, whose term of office shall be four years from the third day ofJanuary following such general election, and whoshall be entitled toreceiveofficialrecognition assuch Commissioner by all of the departments of the Government of the United States, upon presentation,throughthe Department of State,of a certificate of election ofthe Governor of Puerto Rico. The Resident Commissioner shall receive a salary, payable monthly bythe United States, of $7,500per annum . Such Commissioner shall be allowed the same sum forstationeryandfor the pay of necessary clerkhire as is now allowed to Members of the Houseof Representativesof theUnitedStates; andheshall be allowed the sum of $500as mileage for each session of the House of Representatives and the frankingprivilege granted Members of Congress. Noperson shall be eligible to electionas Resident Commissioner who is not a bona fide citizen of the United States and whois not more than twenty-fiveyears of age, and who does not read and writethe English language. In case ofa vacancy in the office of Resident Commissioner by death, resignation,or otherwise, the Governor, by and with the adviceand consent of the Senate shall appoint á Resident Commissioner to fill the vacancy, who shall serve until the next general election and until his successor iselected and qualified.

Section 37.- That the legislative authority herein provided shallextend to allmatters of a legislative character not locally inapplicable, including power tocreate, consolidate, and reorganize the municipalities so far as may be necessary,and to provide and repeal laws and ordinances therefor; also the power to alter,amend,modify, or repealany or all laws and ordinances of everycharacter nowin force in Puerto Rico or municipality or district thereof, insofar as such alteration, amendment, modification, or repeal may be consistent with the provisionsof this Act.

Section 38. The Interstate Commerce Act and the several amendments made or to be made thereto, the Safety Appliance Acts and the several amendmentsmade or to be made thereto, and the Act of Congress entitled An Act to amend an Act entitled 'An Act to regulate commerce', approved February 4, 1887, and allActs amendatory thereof, by providing for a valuation of the several classes ofproperty of carriers subject thereto and securing information concerning theirstocks, bonds, and other securities , approved March 1, 1913, shall not apply toPuerto Rico.

Section 41. Puerto Rico shall constitute a judicial district to be called thedistrict of Puerto Rico. The President, by and with the advice and consent ofthe Senate, shall appoint one district judge, who shall serve for a term of eightyears anduntil his successor is appointed and qualified and whose salary shallbe $15,000 per annum .? There shall be appointed in like manner a districtattorney, and a marshal forsaid district, each for a term of four years unlesssooner removed by the President. The district court for said district shall be called the District Court of the United States for Puerto Rico , and shall have

1 Increased to $ 10,000 by Act of March 4 , 1925, and to $ 12,500 by the Act of August 2 , 1946 ( 60 Stat. 850 ) .

? As increasedby Public Law 567, 69th Cong., 62 Stat.897, 28 Ú.S.O.,1919 ed.,sec. 135.

PUERTO

power to appoint all necessary officials and assistants, includingthe clerk, interpreter, and such commissioners as may be necessary, who shall be entitled tothe same fees and have like powers and duties as are exercised and performedby United States commissioners. Such district court shall have jurisdiction ofall cases cognizable in the district courts of the United States, and shall proceedin the same manner. In addition saiddistrict court shall have jurisdiction forthe naturalization of aliens and Puerto Ricans, and for this purpose residence inPuerto Rico shall be counted in the same manner as residenceelsewhere in the United States. Said district court shall have jurisdiction of all controversieswhere all of the parties on either side of the controversyare citizens or subjectsof a foreign Stateor States, or citizens of a State, Territory or District of theUnited States not domiciled in Puerto Rico, whereinthematter in dispute exceeds,exclusive of interest or costs, the sum or value of $3,000,and ofallcontroversiesin which there is a separable controversy involving such jurisdictional amountand in which all theparties on either side of such separable controversy arecitizens or subjects of the character aforesaid. The salaries of the judge and officials of the District Court ofthe United States for Puerto Rico, together withthe court expenses, shall be paid from the United States revenues in the samemanner as in other United States district courts. In caseof vacancy or of thedeath, absence, or other legal disability on the part of the judgeof the saidDistrict Court of the United States for Puerto Rico, the Presidentofthe UnitedStates is authorized to designate one of the judges ofthe Supreme Court of PuertoRico to discharge the duties of judge of said court until such absence or disabilityshall be removed, and thereupon such judge so designated for said service shallbe fully authorized and empowered to perform the duties ofsaid office duringsuch absence or disability of such regular judge, and to sign all necessary papers and recordsas the acting judge of saidcourt, without extra compensation.

Section 42.--- That the laws of the United States relating to appeals, writs oferror and certiorari, removal ofcauses, and other matters or proceedings asbetween the courts of the United States and the courts of the several States shallgovern in such matters and proceedings as between the district court of the UnitedStates and the courts of Puerto Rico. Regular terms of said United Statesdistrict court shall beheld at San Juan, commencing on the first Monday inMay and November of each year, and also at Ponce on the second Monday inFebruary of each year, and specialterms maybe held at Mayaguez atsuchstatedtimes assaid judge may deem expedient. All pleadings and proceedings in saidcourt shall be conducted in the English language. The said district court shall beattached to and included in the first circuitof the United States, with the right ofappeal and review by said circuit court ofappeals in allcaseswhere the same wouldliefrom any district court to a circuit court of appeals of the UnitedStates, andwith the right of appeal and review directly by the Supreme Court of the UnitedStates in all caseswhere a direct appeal would be from such district couris.

Section 43.- That writs of error and appeals fromthe final judgments anddecrees of the Supreme Court of Puerto Ricomay be takenand prosecuted to theCircuit Court ofAppeals for the First Circuit and to the Supreme Court of theUnited States, as now provided by law .

Section 44. That the qualifications of jurorsasfixedby thelocal lawsofPuertoRico shall not apply to jurors selected to serve in the District Court of the UnitedStates for Puerto Rico ;but the qualifications required of jurors in said court shallbe that each shall be of the age of not less than twenty-one years and not oversixty-fiveyears, a resident of Puerto Rico for notless than one year, and have asufficient knowledge of the English language toenable him to serveas a juror; theyshall also be citizens ofthe United States. Juries for the said court shallbe selected,drawn, and subject to exemption in accordance with the laws of Congress regulating the same in the United States courts insofar as locally applicable.

Section 45.- Thatallsuchfees, fines, costs, and forfeitures aswould be depositedto the credit of the United States if collected and paid into a district court of theUnited States shall become revenues of the United States when collected and paidinto a district court of the United States for Puerto Rico: Provided, That $500 ayear from such fees, fines, costs and forfeitures shall be retained by the clerk and expended for law library purposes under the directionof the judge.

Section 46.- Thatthe Attorney Generalof the United Statesshall from timeto time determine the salaries of all officials and assistants appointed by theUnited States district court, including the clerk , his deputies, interpreter, stenographer, and other officials and employees,the same to bepaidby the UnitedStates asother salaries and expenses of like character in the United States courts.

Section 47. Thatjurors andwitnessesin the District Courtof the United Statesfor Puerto Rico shallbe entitled to and receive 15 cents for each mile necessarily traveled over anystage line or by private conveyance and 10 cents for each mileover any railwayin going to and returning fromsaid court. But no constructiveor double mileage fees shall be allowed by reason of any person being summonedboth as witness and juror or as witness in two ormore cases pendinginthe samecourt and triable atthe same term thereof. Such jurors shall be paid $3 per day and such witnesses $1.50 per day while in attendance upon the court.

Section 48. That the Supreme and District Courts of Puerto Rico and the respective judges thereofmaygrant writsof habeas corpus in allcasesinwhich thesame are grantable by the judges of the District Courts of the United States, andthe District Courts may grantwrits of mandamus in all proper cases.

That no suit for the purpose of restraining the assessment or collection of any taximposed by the laws of Puerto Rico shallbe maintained in the District Court of the United States for Puerto Rico.

Section 49a.-- That therules heretofore or hereafter promulgated and madeeffectiveby the Supreme Court of the United States under authority of the Actapproved June 19, 1934 (48 Stat. 1064; U. S. C., title 28, secs. 723b, 723c), orunder authority ofany other statute, regulating the forms of process, writs andmotions,and the pleadings,practice, and procedurein actions of a civil nature inthe district courts of the United States, and regulating appeals therefrom , shallapply to the District Court of the United States for Puerto Rico and to appealtherefrom .

Section 54. That deeds and other instruments affecting land situated in theDistrict of Columbia, or any other territory or possessionof the United States,may be acknowledged in Puerto Rico before anynotary public appointed thereinby proper authority, or anyofficer therein who has ex officio thepowers of anynotarypublic: Provided.That the certificate by suchnotary shall be accompaniedby the certificate of the Executive Secretary of Puerto Rico to the effect that thenotary taking such acknowledgment is in fact such notarial officer.

Section 58. That all laws or partsof laws applicable to Puerto Rico not inconflict with any of the provisions of this Act, including the laws relating totariffs, customs,and dutieson importations into Puerto Rico prescribed by theAct of Congressentitled An Act temporarily to provide revenues and a civilgovernment for Puerto Rico, andfor other purposes," approved April twelfth,nineteen hundred, are hereby continued in effect, and all lawsand parts of lawsinconsistent with the provisions of this Act are hereby repealed.

Approved, March 2, 1917.

AN ACT To provide for the organization of a constitutional government by the people of Puerto Rico

Whereas the Congress of the United States by a series of enactments has pro gressively recognized the right of self-government of the people of Puerto Rico; and

Whereas under the terms ofthese congressional enactments an increasinglylarge measure of self-government has been achieved: Therefore

Be it enacted by the Senate and Ilouse of Representatives of the United States ofAmerica in Congress assembled, That, fully recognizing the principle of govern mentbyconsent, this Act is now adopted in the nature of a compact so that the people of Puerto Rico may organize a government pursuant to a constitution oftheir own adoption.

Sec. 2. This Act shallbe submitted to the qualified voters of Puerto Rico foracceptance or rejection through an island-wide referendum to be held in accordance with the laws of Puerto Rico. Upon the approval of this Act,bya majorityof the voters participating in such referendum ,the Legislature of Puerto Rico isauthorized to call a constitutional convention to draft a constitution for the said island of Puerto Rico. The said constitution shall provide a republican form ofgovernment and shall include a bill of rights.

SEC. 3. Upon adoption of the constitution by the people of Puerso Rico, the President of the United States is authorized to transmit such constitution to the

[Public Law 600-81st CONGRESS] (CHAPTER 446 2D SESSION] (S. 3336)

PUERTO RICO CONSTITUTION

Congress of the United States if he finds that such constitution conforms withthe applicable provisions of this Act and of the Constitution of the United States.Upon approval by the Congress the constitution shall become effective in accordance with its terms,

SEC. 4. Except as provided in section 5 of this Act, the Act entitled " An Actto provideacivil government for Porto Rico, and forother purposes , approvedMarch 2, 1917, as amended, is hereby continued in force and effect and mayhereafterbe cited as the " Puerto RicanFederal Relations Act."

Sec. 5. At such time as the constitution of Puerto Rico becomes effective, thefollowing provisions of such Act of March 2, 1917, as amended, shall be deemedrepealed:

(1) Section 2, except the paragraph added thereto by Public Law 362, EightiethCongress, first session, approved August5, 1947.

(2) Sections 4, 12, 12a, 13, 14, 15, 16, 17, 18, 18a, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 40, 49, 49 , 50, 51, 52, 53, 56, and 57.

(3) Thelast paragraph in section 37.

(4) Section 38 , except the second paragraph thereof which begins with thewords The Interstate Commerce Act" and ends with the words " shall not apply in Puerto Rico."

Sec. 6. All laws or parts of laws inconsistent with this Act are hereby repealed. Approved July 3, 1950.

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