r-ps.} JL M 16s, B 766,577 11 1 I ;. ...-.!, -' i,:" ",., \?;..... N i' el.^ - -3 PI.' ' ':..i.; -, 1. V, {. ',. *. I '.t.1.:, - _ v f'. IK '*,;. I!.__. I. t. i: ^'A f. *,i,f. IR v '1 --Ol.. 0,.:.O.Y * A h, 7, 1,1!t: 1;, i'~,4. |, '., 1 rC )., n',.. I 1 -Ft V /) T P. J s Is i ll 'r;zllkoii,i I I " . 60, III I v..4w^ss<-y 9-.Q: 1..i i.. i::: r.~ ill t; r r n,i. I * JL //,.3., AS I fi,,, 5 * I.,,. - (. t.-.(.<" * - II Ml [/Y 1. 92 PROVIDING A CIVIL GOVERNMENT FOR THE VIRGIN ISLANDS HEARINGS BEFORE L 2 THEJ COMMITTEE ON TERRITORIES ANDI INSULAR _POSSESSiONiSS UNITED STATES SENALTE SIXTY-EIGHTH CONGRIESS, FIRSTP SES~SION ON s. 2786 A 1BILLA TO PROVIDE A CIVIL GOVERNMENT FOR THE,VIRGIN ISlLAN1)S, -AND FOR1 OTH1ER PU.RPOSES MARCH 1]Z4 Il24! Printed for the use of the Committee on Territories and Insular Possessions WASHINGTON GOVERNMENT PRINTING OFFICE 1924 93-129 COMMITTEE' ON TEIRLRTOkLBS8, AND INSULAU POS —"SESSIONS HIRAM W. JOHNSON, California, C/u-irmaa.. GEORGE P-. -McLEAN, Connecticut'. KEY PITTMAN, Nevada. ALBERT B. CU-MMINS, low#..JOSEP1L T. R%1OBINSO,-'N., Arkanisa,. MFADILL McCORMICK. Illinois. WILLIAkM J. HARRIS, G;eorgi11-a. FRANK B. WILLIS. Ohjio. EDWIN S. BROUSSARD, Louisiana. EDWIN F. LADD, North Dakota. DAVID1 I. WALSH, MNassachusetts. DAVID A. REED. Pentisylvania. THOMAS F. I'AYARD). Delaware. RAYMOND A. BuRR, Clerk. PROVIDING A CIVIL GOVERNMIENT FOR THlE VII(GIN ISLANDS SATURDAY, MARCH 15, 1924 UINTEI) STrATES, SE NA TE. COMM ITLEE N FiIT IFSAND) INS MlIR P( ) S $51ONS. 114158h-;fq~tonf D. C. T~j c'omm~iitte'e tuet, ptirstant to call, at 10.30() oe'ok a. in., i the committee room, Capitol, Seniator Frank 1-3. Willis. presidinig. Present: Senators Willis, (adting chairmnan).. Iobinison-. Harris,., Biroussa rd, WalIsh. and Bavard. (The conuinittee thereupn Of proccededl to theI c( )nsideratiolt1 of S. 27-86.) Seniator-i 'WmLis. Th'le comnmittee -will be in o)rder,). The coa inittee is miet to consider Seniate bill 24j786. 'bv Senator Mc(ILean. There will be inserted in tihe record at this point- a letter from Senator 'McLe'an, who at. present is ill, and therefore is unable to at-tendl the hearing. In that letter it is stated that a nnmber of other o'entlernen desire to. be heard otin this bill. -Consequently, there will be no action ait this session of the commi-ittee. but the parties present who desire to be heard will be heard.(The -letter of Senator McLean referred to follows:~) MARC,(j-1 14. t9-24 Mxl' DEAR, TlN'o am informed that Rtear Adlmiral Latimer, Judlge Advto-Iite Gleneral of thle iNavy (.Navy Budlding, room 25229) wvislhes to he pr'es,ent at the hearings on S. 2786. Other parties intereste(I: MNir. M.Vatthlew G. Woil. Akmericani Fedlerationi of Lambor Buildil.rag: Doctor Scott. secretary of Howard University, Washington, D. C.: M.r. Rothschild Franicis, care of Virgimi islands Committee. 70 Fifth Avenue, New York: -and Mvr. A. A. Berle..lr.. (oul~ise fi~r Virg-im islarais Committee, 67 'Wail Street. New York'. Would like to be heard. Yours sincerely, GEO. P. M~CLE'AN. Hoiji. HnMXi IH5 United States Senate. 1Fashiaqltoii. 1). C. Tihe chair is, advisedI that Mr. A.A. B~erle, Jr.. counsel for certaini organizations in the Virgin Islands, desires to make a statement. Please state your name to the stenographer aInd proceed, Mr. Berle. STATEMENT OF MR. A. A. BERLE, JR., COUNSEL FOR THE VIRGIN ISLANDS COMMITTEE, 67 WALL STREET, NEW YORK CITY Mr.BELE M nnei A. A~. 'Berle, Jr -an iy address is 67~ Wlall Street, New York City. I am counsel for the. Virgin Islands Coinmittee, and also for the. Virgin Islands b ranch of the American Federatio~n of Labor. The number of' that branchi is 17261, Virgfin.islands. 2 PH(DII)NG A CiI VL GO VEIRINNI ii LN'T F O [,T1-i E V I IFGIN- I SLAIN- \ i~~ Nir. Chairman anld grentlemlenl of the Comnittee.. this iS a bill to establish a. permianent. governmnent in the V'irgin islanld's. It is not, desimned to lbe the last wordol o the sulbject. u ti designed to oret time subject before the Senate of the Unriited States, so tha-tI there, Inmav be worked out, if possilble, at this sessionl-we earlnestly hope it can be at this session-a. ipelnimaent form. of grovernmnent. for the islands, in o~rder to rectify a bit, as I believe, of in1ternational negylect which has continued ther-e for some years. rrhe Virgin islands are at present governedi tinder an act entitled '#An act to Provide a temporary govermuent for the, We st Indian Islands acquired by the United States from Denimamrk. Tihat act camie into force on MNarch 3, 1917; it is chapter 181, 1 hili ty~-ninle Statutes at Large, page 1132. That is a very brief act and was designed mnerely to cov\,er the adi interiml situation, so thait there should be a forni of grovernm-ent for those isl ndsirnndi- it Iafe we had acquired themn by treaty from Denmlark. It w as. as the, t-itle of the acet,- and as the act through its text shows, not designed to be perinanent, but merely to hold the situation over until Congress should provide a governineut. That. was seven years ago -,and since that time,,although periodically there have been ilovements mnade towvard time p~ermanenmt g-overnment. nothingr has been (lone. Two years, later, inl 1919, the Senate and the House sent, a joimit legrislative commission to investigate those islands. That joint commission i'eported to the Sixty-sixth Congr-ess, s-,e-ondl session. The report wa-s published las Hou.-e Docnitient N~o. 734. The joint co(inlmnission hadI before it a re-ommnendation from Secretary Da-,niels. madoe in October or November, 1919, in wNNhic-h Secretary IDaniels (lefinitelv statedl that the time had come for a permanent Oovernment, for- the Viyrgin Islands, that the temn)oraiyNl g-over-nment no( longer snfh(ed: that theire should be some 'Kindl of Iocta I ii toln~Iii that. there should 1be p)roNided an elec-tedl legish-ittoice. wvitich sholoiId cover thme whole islands. andl that the Congrress; sihotil d. in its dik-crietion and after investigrt(1 -rv~l o aUI ( YVP11et The report of the joint commissionl is Still thIIe c-lassicR reportm on the V'irgin Islands: -,and the conclusion of that relpoli NA-as" that while the. pernma nent government was niecessa irv. the nava —l ro verinnient at the times. inl coolperation with the colonial council. which remains since the laiiaish Colonial re'grinmo. wa',s engageil in c-odify-ing the laws, and until that codification was c-omlflete It probablv wouild lie iiladlvis'alble to mlake a m1-ove toward a p~ermianent -)overnmneiit. Tihe codification Was com'llleted the following year and c-aine into force in 1921. So that that step. which was the. only rem-aininwh obkstacle., in the view of the comnmission. has been iemm-ove andl the stuation is nowNA clear. 'Ili situation has also b~een investigrated lby a (omnmnission app~ointed1 to investigrate the V'irgin Islands. and report. to the Secretary of Labor. We understand the chairmlan. M\1r. Woods-on. is to be hie'ard aind will speak for himself on this subject, buat a summary of their rep~ort has been released within time last few days. and recommends a lpermaf~lent civil government for the Virgin Islands. Senator IBAYARD. Is that report published, sir? Mr. BtERL~ I have, only the mimeograph release. Senator W`TLTg. How voluminous is that re-port.? PROVIDING A CIVIL GOVERNMENT FOR THE VIRGINS TSLA.NIS 3 3 Mr. T~IE here will undl~oubtedly b0e a moh)-C ext~~ende finial report. i perta ewr Touching this particular 'bill-, and. lestitapertt vAve uinduly officious in endeavoring to proceed to the benefit to the, L~nited States or to go too far without permuission. I will say that when we contemplated ta~kingr this action, and on IFebruarvy -5, 1924. I wrote on lelialf of tile Virgin Islands committee, to tile Seeretary of the Navy. savying that. we had contemplated this action; that it was in line with Sec-retary Daniels' policy, and that Secretary Denby had likewise expressed himself in favor of it, but that beforewe proceeded I wished that. wve could confer with some one in the Navy Department; and under date. ef, Februa-ry 20, 1924, ~Secretary iDenby wrote suggesting that we consult, with the Judge Advocate G'eneral of the Na~vy. Rear Admiral Latimer, in regrard to this bill: aind that we have done. Thereafter we completed the draft of the bill as far as our- ideas carried, and we submitted that to Judgre Latimer. and hep hias studied it. ie~ wvas. as I am informed, in principle in fav-or of a permanent government, amndllhe will submit, his own report on this particular bill. As I hastened to say, we a~re not. insistent abo~ut. the particulare terms -of the bill. We 'have, dra~wn it as well as we could according to the lig(ht which we have. I -have no doubt the Navy Department has its own suggestions, andl I am sure there wvill he no. objections on Our part. Sentr AAR.You sav " on behalf of the committee.", What committee. do you refer to? Mr. BERLE. 'TO the, Virgin Islands committee: and which also carries it to the, local of the American Federation of Labor, and represents one of the largest organized bodies in tile islands. Thle last commission, which reported within the last, two weeks, in adldition, makes this recommi-rendation, which is only a few lines., tand I will read it, [reading] The nlew orgIanlic aIct shol(l_1~ provide form Such refwi mis o)f tle- poesenlt Iegi~,lntiv e s~-4tm. that th-e iflimficili)lo -overnnments, oli thie several is1iiids may be mor(ie Centralized and the aniended whole brought 'into closei toucb -rand liarmony with the iimss,,es, and he more largely responsive to their pieruliai needs. The comniission furtiher believes, that hI the revision o)f thle judiciaiI SYStem of thle islai)(ds special atteiition Should he given to thle establishialent of a ( ourt of ippol kite Jurisdict ion lil(wC icce"Sibl)C,11 thin lte prlesent tribi nal I iiited States circuit (oult. tlhirdl district. I'hiiladelpliia, P1a.) I think. it should be clear to the committee that the action taken is by no means an attack on the Governm-ent of the Ulnitedl States. We are. merely endeavoring. to assist, in so far as wve c-an, actionl which has lbeenI long delayed. I want to say a word as to whyv the -action has been taken l)v pl)L1 vate citizens an'l does not conic through the norutal mill o'f the, governmental machi nerv. Th'le act establ ishing) a temporary governinent for the Virgin Islands prlovidied that the governmient of thie islands shouild (consist of a govenoapintel byw the lPresident by and with the consent of the Senate, and that he, might be atn A.,rmy or Navy officer. As a maC-tter of customn, he alwayNs has been a naval offier~, but he was not technically responsible to the Navy in that. regard nor was he technically responsible to any (lelartmneit 4 HPROVIDING A CIVIL GOVERNMENT F()R THE VIRGIN ISLANDS of the Government. He las been, of course, under the supervision of the Navv and has been reporting to the Secretary of the Navy, and in that way the navy has acquired a primary jurisdiction over the nmatter. IBlt it is not the official i.)lsiness, technicallv. untler the law, of any department to look after these islands. Senator BAYARD. To whom does the governor i-make his annual report?. MI1. Br Hll.i. He makes it to tle President. sir. I presullme. I am not aware that there have been any annual reports. Mr. Francis has jnst told me that there has been only one report in seven years. As a p)ractical matter, these islan(s are orphans of the United( States Government. They do not come under the Bureau of Insular, Affairs, as did the Spanish War acquisitions, and tlhe have hung suspended. Of course, it is possible for the President to take the matter up, but he has not time to act personally. So Virgin Islands matters drift around. and until solme one interests himself, as did Secretarv of Labor Davis. or Secretary Denbv just prior to his retirement, there is no one whlose ilusliness it is to push them. For that reason, a relatively private grolp lhas undertaken to get it officially before C(ongress. and to have a learing to which tlle Navy Departnent and the Secretary of Labor call ('cole, and in this way to get thle maclhinery going: and that is tle pl'illlrn reason for the Virlgin Islands comnittee. Senator W' lLIS. Al hat is tile 1)(),lllatioll of thle isllan(ls Mr. 'Tlie. 11 polpullation of the islands at tl( timiie (of t-le last censusl was 26,(>,()0. of whom-i }b)Olut 1.90() were white a,.nd ^4.100) negro. I otugllt to )say hdalt th]at prohably is a misleading figlt re. l)ecause in the last two- yealrs owinog io tlhe economIic distress of thle islands. in part.t dlie to tle somnewhat inaldelquate system of gov-eirnment. we anr' t{oll tlhat nearly 40 per cent have been coul)elled t-o 1ligrlate. I a;n1 unJable to check that figure. but: it is undoubttedly tirle thalt a large inllmler hxave migrated. Tlhey have no -vote. and they h]\ave no mIeanis )y- wh\ich they ('ain get the necessary legislation whiclh \,il1 give theill a chance to live. Senator WILLIS. 10To what point (0o they ii)iorate? Mr. IB1i.:. Tley nlmirate principallv to New Yo';k. ltere are several thousands of them living in Harlemn in tle negro section of New York City. 'The remainder have drifted into the sugfar plantations of Sant o 1)omminoo and Cuba anld b'econle mrore or less l)eions of tio(se plantations. Senator 13A\YARD. W lat is the general language of the islands. Mr. BERLE. The general languiagre of the islands is English. They were 1 I)anlishl colony, but for 1a nllllled yea(rs tle langilage (f tlle islanids lias been English. 'Th1 Il ave the highest percentage of literacy anywhlere in tile West In(lies. 'Tlev are 98 per cent literate: tliat is, they can read and write. They represent, I think, the highlest develolpment of the negr(, race in any part of the world. in which they have had a lleaslrali'le iautonomous status, and that is due to the singularly capable colonial work of tle Danisli system. xwliich requiireel tlat everv child in the Virgin Islands from tlle ages of 7 to 13 slhold go to school. Tlhey went to school: tlhe percentDage of ablsences is singiularly small. There is rioughly 99 pe'1 l cent of altten(dance of PROVIDN1G A, CIVIL, (_10\GVERNE:NT FOR T'lHE VITRGIN ISLANDS P. children of school age who are actually in school; andl tile result is that practically every Virgin Islander know\s how to reaed and write, and he knows how to speak English; and, furlther th.n that. they have some experience in organized government. I have traveled about the West Indies a good deal. land tllhat is how I came to nmake friends there and that is how I caine to ulndertake this work-certainlv not for financial return; and I know that these people, as compared to any other group in the AVest In(lies. have an amazingly high developments.: Compare them, for exampllle, with the Porto Rican jibaros. who are Spanish speaking, who do not speak English and who probably neverwill: who do not know hlow to read and write and probably never will; who never had any experience in org~anization or' in self-government, and the spread b)etweenl the Virgin Islanders and the Porto Ricans is very great. The spread between the Virgin Islander and the: Moro and other wild natives in the unexplored interior of the Philippine Islands,is even greater; there is all the difference in the world, and vet' the Philippine Islander. wfl:ho may be a tribesman: in any stage of civilization. is at least a citizen of the Philippine Islands: the Porto Rican jibano is a citizen of the United States; whereas, the Virgin Islander is a citizen of nowhere. ]We have, the opinion of the State Department rendeiredtl to tle joint commlllflission, in which the State IDepartment. stated( tllat thle inhabitants of the Virgin Islands were dependent nationals of the LUnited States entitled to some of the protection of the Unitred States: but they are without any rights or imnlllnities of citize(ns of tlhe lnite(l States. Thle result is thalt yoiu have a highly literate. lighllly develope.d population, compared to any other grloup in thel 'Tropies. acqlired hy thle ITnitedl States after a plebisclite., in which they voted to join tile United States if Dennmark shoulld c(de thel. wvllich I)enmark did. They voted with theo lTnderlstantl(ing( that tlhey\ would beco-me citizens of the Utnited States, yet at. present they ha ve 1.he anomnalous stitus of citizens of no lianll'S land' tll e hlave no, rights. and strange things can be clone to thell..\s an instance of the result of that I milght grive one classi e ch-le ic(h has occasioned a good deal of interest. A man calne into the Virgin Islands and was accused of murder. The, story was that he had killed some one on board or in sight. of a ship, and all the witnesses were sillps c1 res men. Tlle prosecuting officer took tlle affidlaits of these people on the ships, and then. the -Witnesses sailed away along with the ship. Thereafter this man was convicted of murder on the affidavits of men wnhomn he did not,cross-examine and -who did not, confront him and on ex parte evidence of that sort. There was no bill of rights in force on the islands to prevent it, andt the whole; situation permitted that kind of'thing. Senator BAYARDn. That. w-ould not have been l)ossible folrmerly under the Danish rule? IMr. BlERI:. I do not, i-magine thatt woltld have been possible under l)anislh rule. Senator WILLIS. What about the couf-ts there now How are they constituted? Mr. BIRLE. They hav-e the old Danish systenm of courts. with this difftterence: There is a ri'lit of al)lpeal fr'oim tile local coulirts to the 6 Ul-)VIDIX(' A CIVIL, GOVEIINME'NT FOR T-HE VIEZGIN' ISLANDS couirt of appeals for the third circuit, that is, IPhi1ladelphia So that an appeal does lie fromi the police courts in St. Thomlas, St. Croix,. and St. John. St. Johin is under the St. Thomas juiisdiction. But, the sN-steni- is -archaic; it is an old Danish svsteiii -which e%:en the 1)anes were about to revise, and one of the particular diffi ulties of -w-liich {tIie islanlds butteily compil4ain lies in thle fac t thi, dA Yhum is judgeod lbV a police officer, who correspondis roughlx wvith our district attorney: and when hie comles up for final tri iiithis sanio j udge-d(ist rict- attorney prosecutes hinm. I think von 'will see that the systemn needs, revising. It is a cluestion mnore of neglect than anything else. Senator -BAYARD. By whom are the judicial oflicers and prosecutingr att-ornevs appointed Mr. DHERLE. They are all appointed by the governor.,Senator XViLLis. For what term? Mr. BERLE. For an indeterminate term. The- governor has evenl exercised the right to discharge the judge when he so desired. There is one such case decided by the circuit, court of appeals for the third district of the U~nited Stat;es. That. is thie United States e'. MNaluin. 272 Fed. 785. In that case thle judge left on his vacation in the States: -and when lie got on board thle shiip the governor handed h1ini an envelope containing a, check- and advised him thiat hie, was discharged. Tihis~ came as a shock, and the judge applied to the circuit court. of appeals for the third district,, and saidl, " How -about this?" A-Nnd the circuit. court. of appeals ruled thiat hle ought. to get. hack on his jot). So lie went hack in accordance. with this ruling to the islands: and if my-v mnem-ory serves me right I lbeliev-e he. was. not allowed to land. You see t~he anomalous situation in which nothingy is well enough defined, and to prevent, the situation continning there miust be some, work done. Senator Wii~iijs. What is the. attituide of the people on this mi-atter? In viewNN Of this sitUation and thle raither znionialouis condition that obtalins with reference to tile courts and thle S Nsteliu of juritsprudenlce. etc.. I was wondering whlat wNas the mental attitulde of the peop)le. How. (10 tihev f cl toward the Government of the United States? M1r. Bi "I' hex' -feel v-ery friendly- towardi the (Governmnent of tile _Tn'ite(l States, and their belief is thiati the Governmilent of the Unlitedl St t(- s xx-ill only gyet on the job) all will lbe well. The p~ohlditcl situ~ation hans tuirnedi almost directly onl thle personality of the -Nax x officer that halplened to be in charge. Senator Wi ni is. Wh-o is now in charge'-? Mr. 1Bi 1rLE.kt l)resent they have grot probably the best gYovernhor they wxill probably get undei an xse. n hti Cp hhi WX~illiantis, of the. -N iavy I miight'sa-' that the only qualini I have Inl uringYn this lepislatioul is tliat I t xx- ill prioibably lose Ph1illip Williamils. Hle and his secretaiv xLieut. W illi tni S. Zane., have been in office onlyV a few mouths:I nl d hav iii-(1e a remar-kable record. Thev hiave tciftfulh- and cajmablx yO eto iirnd the isl muds. T1hey hav-e amieliorated the friohlt-ful econoinic situationi is WC-Ill as they could. Thex- av mCssist( d In all xavas the orya'nizat ion of the islands toward a perumanent forin of gTovernmnent, and -in every wN7ay they have firmly. ckapabll -and tactfully handled time situation for the benefit of all c'oncernled. P'ROVIDINNG AL CIVIL (AIOVER'NMBN1NT FOR THE VIRGIN I-SLANNDS 7 Senator BAY.ARD. Has the governor got any power to issue rules and regulations in the nature of ordinance for the grovernment of the isl ands? Mr. BERLEi. He can issue an executivye order and some tinies hie does. He can also wvork through. the colonial council,, but that coobnial council is aii awkwa-rd survival of old Danish ways. A large numiber of its niembers are appointed by the governor and the remainder are elected by the islanders onl the basis of p)roperty qualification. Any man who canl shiow, property yielding $fi( a year. or an income of %,,30()a year. canl vote. That seenis like a very sm-all qualification lbut when von remnember that the average pay in the West Indies and it -is as high in the Virgin Islands as other islands of the West Indie.11-i unis fromt 40 to (6( cents a day, you will see thattheovewheluvin~'innoritv of the is landers are (iisfrancliised. TIhe result is th it approxiimately 2 per cent only canl vote. It is also true that alien citizens can vote, there, while the native Virgin Islander who does not show $300 a. year can not vote, although lie is reslilent of the islands and lie looks always toward the United States. Sena-tor IBAYARD. As to qualifications of franchise, one is IDanish citizenship and one is monetary? iMr. BERiLE., The Danish citizen or alny- alienl citizen, if hie, could show $300 a year qualification, as I understand it, could vote. B~ut the lDanish citizenshiip is onhy included in practically the white gl.oup)S. fle I)ancs did not (Y.ianlt CitiZ(i~hlip to the natives in the islands, as I understandl the Da nish law. I do iiot claimi to be aIn expert on IDanish laiw but I Iiave been so informed. TIhie Danish IiA Cifi were racticilly ill landholders, white supervisors, and thait kind of thuncy So that that colonial council has been controlled by a joinit gioup, of whomi one part was appointed by the.. governor w ithiout rteferene to influences and wishes of thie population, and the other- was elected Largely by the votes of foreigner S. It, is a pei fectlv insane situation from the lpoint of view of goveriunient, and ii iso s only because Congress ha,(s not yet got around to the Poinit of doingv the, necessary thaing, there. Senator NWiTLis. You say, however, inl your juidgmient, that Captain Williams, even wxith those crude tools" is doing a good job? Mr'. BE:RLE I think he is doing a p)erfectly amnazing job, Senator. I alit inclined to think lie is a hbetter mani than they willl evx:er get. Of course, thatt -is -not always trule. The same qualities that make a initan a splendid and excellent. naval officer iuniv maike hune a very bach administrator of civil government,: and -the Viargin Islands. have had some unfortn nate experiences. The nian who has the closest contact -Ni-th the people is called the, goverunient secretary. He is appointed,with the consent of the governor, and lie is a subaltern officer usually, or at least a junior officer. There hav\:e been times when they have grot junior officers as government secretary who succeceled in gYettingy on everybody' s nerves. HeI would issue cheportat ion ordiers for. aliens; a(nd, by reason o~f control over the police judge, -who is also district attorney, could have men convicted with great case anid. dispatch, and whenever th~ere was any criticismn of the gYovernor lie could1 make it uiiIleasant for the offenders. 8 PROVl1)ING A (IVIL (uVEUN M1 LNT FOR THE VItO IN;JANDS Senator BAYARm ). (4o b)ack a no(1men'- to the subject )of fi anchise: Iid tlhe inlhabitants of the island, regartdless of race. give up their,nationalitv wh,,en thle United States took possession of the islands? Mr. BERLE. The treaty provides that any Danish citizen iresiding in the islands at that time should become an American citizen, unless he registered with the Danish consulate or some appropriate official to retain Danish citizenship. That did not. of course. apply to this vast body of natives who were not Danish citizens. The result is that they passed into that somewhat anomalolus condition of nationals of tlhe l-nited States witlhout being citizens. Thley lost citizenship in Denmark, or at least any rights they may have had. and became American subjects. Tlhey are now, I believe. tlhe only American " subjects " which w e have: it is a status 111re common1l under European colonizing powers. It is practically lunknown to tihe United States. except as a temporary condition. Senator BAYARI). Bllt o(nly those wh-o uIildei' tiis opetration of law became Anmerlican 1a tionals are the 1)people wlio) call exercise the right of franchise uilnderl tile declare(1 qmlalification Mr. BERLE. No: I understand not. Alien citizens (1111 vo)te like 11anyone else. SenatoiKenyon. who was on this joint comnission, wa-s so (11uc hl disttll-be(l by t hat that e (ldid introllice a bill. whlich I believe passed tlhe Senate. Senator BAYARD. Then is it a fact to-day that the pe>lsos Awlho exercise franchise mnay or may not be Amelrican nationals Mr. BEJrLE. That is as I understand it. Seinator BAYALRD. Inl othe r wortis, lnati(onals of no) (cou1lntry other then A-merica (can exercise franchise? Mr. BI,3 ni:. Tlat is the state of affairs. Senator BAYARD. Then, inder the law as it has been construed down there. if some one other than Amer1ican national or American citizen wo\uld locate in the islands an(d have the property that you lS,., jllsi; (lescribedi they would have the right to vote in the election? AMr. BERLE. That is so: yes. I have not checked baick to know whether that apl)lies only to people there in 1917. But I imagine anylone could do so. Brihtis citizens or anyone else. Senator BAYA —RI)I. In other words. that -would present. an opportunity of nationals other than American nationals coming from one,of tile aI(ljacent islanl,(-. an1(1 (liulifvin!r underl the franchise provision and voting i y o0 elctions and thereby controlling your elections. Senator WtLLIS. 'Tlhat is a most anionualouis situation.l Senator BA.YARDI. Yes. enatir W5Til,,1. I want to ask a question which has not any particular })1111bean o{n ihis point. Is the island of Nevis one of the Virgin Islalnds AMI. BIIrLE. No: the island of Nevis is one of the lesser An.tilles. and it is, if I recall, at British possession. Senator WILS. rThart w.as the birthplace of Alexanlder lHamilton? lMr. BERL}. Yes: 1and yo( no doubt kn(o that Alexander Hamilton,vas ed(tcated a'(1 liis first lettel s cam1, from the island of St. Croix. He was b1)orn on tile island of Nev-is anId re1red there: lbut at an early are he was taken to St. Croix. and there is where lie was e(llcate(l. Youi niay recall the provision in the Constitution of the Ilnited States that alny person who was born in the I'nited PROV1DING A CIVIL GOVERNMIENT FOR THE VIRGIN ISLANDS 9 States or was a citizen of the United States at the time of the adoption of the Constitution might become President. That was put in in order to provide particularly for Alexander Hamilton. In (liscussing the original draft around the table some one said, "This will prevent Hamilton becoming President," and they changed the (Constitution of the United States for that purpose. Sennator WnILLIS. 1 wanted to ask another question totally unrelated to the one 1 have asked. What are the industries down there; what (do the people do? MrI. BERLE. There iare three principal industries. The primary iIldlstry is tie making of bay rum. They have a world-wide reputation for their bay rum. T hat hias been largely destroxed bv the Volstea(d Act. which relquires Imedication, and the medication which the law requires has been sulch as to largely destroy their greatest non(leta!r resource. the lhigh-class bay rum which tiley m(ade. The best bat ' rIum in the wor(ld canie from these three islands. r 1-hey also grow some sI!gar. though not very much. 1There are 1on1l, I tlink. 12,000 acres of sugar-cane land. The third and per-.aps tlhe major industry of the islands was ships. St. Thomas was the great free port of the West Indies for 150 years. It was;a seaman's port. having the greatest, an(l, I might say, the only co(mnmercial dry dock in that part of the West Indies. It used to l)e the great transshil)pent port. Little boats;would carriy cargoes from tlhe islands slurrolining 'to or from St. Thomlas. and tle big vessels woul'd d(rol c(alrgo in St. Thnmas or pick it lI) and take it to the pl)ots of thle worll. It was also a coaling station and supp>ly statiol. There used, before thle Antierican r6gime, to be many ships there. he ships wouldl sail flron European ports and call at St. Thomas, and there take on a crew for travel around the Caribbean Sea to handle cargo: and then they wou(ld discharge the crew at St. Thomas, touching there on their way eastward to Europe. 'Before the war tlhe Grerman-Amnerican Lines alone employed 2,000 men out of the 26,000 inhabitants. Senator Wl sLLS. You say there were mna ny ships before the American regime. Has that nulmber fallen off?:MrTE. B}EL.Very nliuch. There are half a dozen reasons. First, they have to sonle extent been hit by the American tariff question. Again, under the later American liquor regulations it naturally makes it vely difficult for foreign ships carrying liquor, as they all do, to use St. Thonass a a port of call. It is only a question of stopping there: but tlltey are not able to take on any liquor in South Amlerica merely because they want to call at St. Thomas; pra-(ctically it -throws th]em to other competing ports. Still an(t]ler dlifficllt- is that q(larantine regulations have been cumblrously administered. A ship can not now clrll at night. Yet t]hey mitust take onI theil supplies. and wlhat they wish is a quick get'-away, toutch and go. They take on supplies in a hurry and go, ialking time. whether out war(l or inlward bound. If you have quarantine regulations administered cumbrously so that you can not call at night and so that it takes a good deal of time to make te te turn1ar01ond. tile slilps would rather go to some port where it is more ea-sily (done. Tlhe result is that tlie trade of the islands in that re 10 PROVIDNG A CI VIl GOVERNM(ENT FOR THE VI GIN IS LANi)S gaard las fallelln off surlprisinglyl alld it is partly due to that. I think, that the present chaotic economlli condition exists. Senator BAYARD:. What is tile piroportion of thle fallilr o(ff in the nlanufacture and exportation of bay runlv Mr. BERLE. I have not tile figures on blay riuin. 1but I have tile figlures for all the trade in the islands. In the fiscal years of 1920-21 they exported $3,500,000(. in i roun(l nilmbers, an(l they ilmprlcted $4,162,000, in round numbers. r'lie balance was p)ai(l foIr )by tile shippi)g labor. In the following year the exports had fallen from $3,()00,0()() to $754,00(. and the imports had fallen from $4,162.()0( to $1.S83.()00; that is to say, their exports had fallen to one-fifth, or 20) pler cent, and their imports had fallen to approximately 40 per cent. Senator WILLIS. I really do not un(lerstand whv the Volstea(l Act, to wlhiclh you refer, shouldl have had sulch lan effect as tlI}lt on tile bayrum trade. Mr. BERLE. The point about bav rium is tili, as I understandand I am no expert on the manffactllre of bay run —it has to be a pleasing and fragrant concoction. and the plure, nonmediicated bay rum is a pleasant cosmetic. or whatever you call it, is pleasant to use and has not an objectionable odor, etc. The lawl no1w requtires that it be medicated with certain chemicals, and those chemicals have a more or less offensive odor, and the result has been that tlat trade has fallen off. You must remember that a great deal of this bay ruim went abroad. went to Europe and never came here at all. Senator BAYARI). And all of it has to be treated this same wav? Mr. BERLE. All of it hlas to be treated that same way. I havte on my dressing table a bottle of bay rum. It has the olld label, but. of courrse, in accordance witl the law of thle United States tlis 1bav rumn is medicated withl so much pler cent of wllatever chemical it is. Senator WILLis. In other worls. the " dehorning," so to slpeak of this alcohol makes it less desirable as a cosmetic'? Mr1. IEiL};. lreciselv so. yes. It lnever is used as a beverage. I suppose there are misguided individuals who mlight even drink bay rum not medicated. Iut a side wind of the Volstead( Act hlas hit the St. Tliomas ind(ustry. Senator WIIIS. What is the population of the main city there — St. Thomas, is it Mr. IBERLE t. St. Thomas is the mlain citv, as I understaind it: thlat is 9,000. Senator WX ILLS. Tlie total poTpulation. I think v'( said. of ti islands is about 26,0()(0 Mr. lBEREim. Twenty-six thousand. Senator BAYARD. You have no figures in treg r( to) thllt p'esel:t population, at the lmoment? Mr. BERLE. These are tlhe last fi gu-res available. Tlie,l)es( population wNe can gt'atl'e onl\ by followingl( closely tile pass:rges ot outward-bound ships. and we knlow that tlle bir't rat-e and11 the death rate very nearly balance. It is not a feclund )pol)pla1ti0on:1s ill Porto Rico-that is. is not incre'asiln violentlvy — ld every outwarldbound ship is laden with tlhose goin1: away. Senator IBAYA R. Has tlhere been any:ttllenl)t in the last two years to diversify tile in(lustrioes of the islandts l)ecalse (f tlie hadlllicaps to which votu have referredt PROVIDING A CIVIL GOVERNMENT FOR THE VIRGIN ISLANDS 11 lMr. Ir1l:IE. 'T'lh'ere h};ve b}ee1 somne. })bll th}ty- have been undertaketnl Xwith diffictlty. In tile first place. t}et islands are relatively poor grlictulturall. lThe, have not miuch water and(l they need (.:K'~tc,' for irrigattionl, etc. ()One of tlhe federlatio-ns of labor on the island of St. Croix lhals been constructing cooperative plantations; that is, thev have a number of tracts of land which they have pllrclltsed(. riThit is ITamilton-Jackson's organization, the so-called f'reo federation: and they have bhoght tracts of land and are, inducing their people to come out so far as possible from the (lay labor classification and take up little tracts and cultivate vegetables and things of that kind, so that thlev can be almost self-supportingp witlhou-t having to pzurchase. an(l to sell the balance rod(luced to cities or sllips. and in tthat way to beco(me free of thlis rather fril'iutfuil economic situation. Senator 13AYAUI). That is m1ore f(or personIal sulp)l'rt than it is folr exportation? Mr. BERLE. Yes. Of course it is. I suppose. physically possible f'or the islands to support themselves. It wolld be difficult, but they hlavcw been doing so by their shipping activities and by their bhay 1'1lul: and (also, in the Danish times, by manufacturing 'a certain I)anisl cherry brandy, very much liked. B]ult that has died also. Senator Wirls. May I suggest this as a lmatter of your c(,n.;l1 -ience? I understood that Mr. Francis was leaving the count'ry. We nmust, close this lile rinug at 12 o'clock and it is now- 11.2(). Perhalips you(, Mnight like to have him speak. There are several quIestions I wa\nt to ask, anld I have enjoyed your statement very iulcllh. Mr. BERr,E. Then I will be glad to yield to Mr. Francis. Senator BAYARLD. You live in New York,.Mr. IBerle? Mr. BEILE.. Yes, sir. Senator 1BAYARI). And you c(an come a:gain. if we require it? Mr1. XBJIRLEE. Yes, sir. Senator WILIS. Proceed, Mr. Francis. STATEMENT OF MR. ROTHSCHILD FRANCIS, MEMBER OF COLONIAL COUNCIL OF THE MUNICIPALITY OF ST. THOMAS AND CHAIRMAN OF THE VIRGIN ISLANDS COMMITTEE, ST. THOMAS, VIRGIN ISLANDS Mr. FRANciis. Gentlemen, I just want to say that the situation on the Virgin Islands along economic lines and political lines are as outlined in brief by Mr. Berle. Being a native of those islands and living there all the period of my life, having studied American history and studied its civics caused me to make my fourth trip in 1919 to explain to the American Congress what I thought, as a native, was necessary to change that condition. The gentlemen of the Senate here will understand that we live under a monarchical form of government which is not compatible with the American conception of government; and we had an act passed by the Congress of the United States under date of March 3, 1917, establishing a temporary form of government; and those possibly who read sufficiently in United States history and who have studied sufficiently in the civics of this country notice in the fourth section o~f the act that the governor is given civil, military, and judicial powers. 12 PiiH'R) Vi D);( A L IVI \1 ( OVE IN5 - IN T FOR THEI ViRGIN ISLAN1)DS We noticed that exactly six days after this great Republic occupied those islands they had to fight a very keen enemy and those islands were occupied. Therefore, we knew that it was necessary that whoever was in command of the islands for political reasons should have these powers, but we had some hope of section 2 of that same act, because it says the government is temporary and until Congress shall otherwise provide. When Denmark was aboult to cede these islandls to thle nlited States there was a treaty made between the nation of D)ennmark and this Republic. Inl article t) of that treaty. signed jointly by tle representative of this Republic and the repl-esentative of I)ennillark —if I am able to remember. -for I)ennllarl an - --- - fo tilis Replblic-that article i; said that the Co('nl'ess lshould (letermine the political statlti, of the pe.,)le in these islan(ls. 'rlle calacity of these islandls ha. been examinied 1tb Anlleic(ans themlselves. and they slubstantially rep)ort now by the ie,-ent colltission that we are S per c(ent litera te. I %wolld like to state fot the re''ordl that thle 2 p)er ce(lt of illiterates are not natives of the Vir'iin Islands. rhey come fronm tile adljaent British island of Tortola, wh\ere tleret are no schools-just about S ililes east of us-and, thlerefore. these pleople, not leing iln(lelr regular immigrati'on laxins. ("ill r1un1In in. 1 tlr-187 t he )eanish GovernInent made education com-pulsory in our islandls. whereby eve-ry b)o atlnd girl between the ages of 7;anl 13 had to gor to sc(lool ort thlei parents would be punished, by tlhe law. Therefior'e e ar'e ai itera'te people. Besides thlat. we have a civilizationl like no otlher in ttle West Indies-and I air not saying tlhat l)pon mny own statement. lbt itAmeicans \who hlave visitedl the isllands subst~antiate tlhat, and I will sal that is very conservative. Visitors pay a v-ery hilgh tribute to thell ulltlure of the people in those islands. I said I came here in 1.919, and I met. Senator Kenllon. w1ho i. now a Federal Judoe. explaining the situation as a young man could in the lbest way I knewr how to. The Senator was very. very much impressed. and lie callled together another grou)p of Senators and they q(estionedl nle over certain points. I brought theni a recommendation for irlprove'eniet in the educational systemi. Thle systeilm inIer I)ennmarlk -was of a hih class. but it (li(l not allow us to go lip higher in the stli(d of certain things necessary to understand Almerican ildeals and Anmerican institutions. Then I pointed out in tlhe siame way as our coulnsel hals (lonle here the -way in lwichl tlie governmnlent fiiuictioied(. The Ianisli colonial law gave tlle Danisli governor certain pIo)wers that thile AIerican} people woulld call imperialistic or' even aIltocratic: for( ex apille. thc Danish gotvernor couild dissolve tlie legislature at till, and it h.s halppeneld nderl the Amlerlican rulle, under tlhe adilninistl ation of Mr. Kittelle. w1o (lid dissolve tle legislatur'e. If the Chairmnan will permit me. I -will relate wly: if niot. I will go on with tlhe otlher statement. Senator rWmiLi. I do not kno.w tlhe citrclstances. I should thilk, not knowing why, we are moiore intereste( in tlhe fact that lie lid exercise that atitocra tic power. Mr. TFRAxcIs. Then, under Ar\ticle No,. 2) even lnder )anish1 rule. the jud(le ws.appointed b} tl.e Dalish Kino. lut the Dl)nisl King ti'i()VIDIN4 A C' I -I (4V E:iN MN E-NT F ( i TH HIE V1GI -N I SLAN DS. 13 could not dlisciharge thie j Udge.. Thla t jilidut had to he coiiplainled agrainst b he igoh co)urt in Copenlhagen u'd, tr- L ied by 'a commlittee of judges. But we noticed Iindier the \iVrier ican system down there that the governor had the power to appoint and dischaige thie judge a t will: and noticing thiese thinri~ w~e explained them to the Senator, and I was present here in the Congress that day when the resolution was considered and passed, piroviding that. a. commiission of three froin the Senate and threfrorni the Houise shio'1ldi visit thie Virgyin Ishi. iids. Thiat commission did (ro there. Thiere is th~eijr report before the committee. Senator Kenvon had Proved himiiself to be very keenly alive to the situation and inade sonie striking remarks about the con-ilition- in the isltan~ds. But, unfortunately, lie hiad to retire f rom the Senate. We in the Virgyin Islands,- believe implicitly in America: we are, Americans geographically,; we aIre Americans iln Customls aind everything. It may be surprising to the commiattee to iunierstand that we always readi Englishi books ami a1wavNs read from iii -nerican 1)001s, a-nd the smallest of Virg oii Isl-anders c~an tell younall -about Abraham Lincoln and G~eorge W ashbington and away batck beyonld that timre: btit before vo ii o (upiehd these islands the A-~meric-an warships Usedi to com-e t here amid o'ive libertyt to tb-eir- mien. Mlanyv Virgin. Islaniders, have lbeen enlisted in the United States Navy. WVe eat Americ'an food and w~eai Amierican clothies. In 1867 Mr. Seward. -who wasi thene Secretary of Staite uinder Lincoln, came to thie Virgin Islands, then the Danishi Isl-ands,,and( wanted to putrchase the islands at that timle for $,5000,000. You will recall that the matter was brouight, up ini the Senate anld afterwards was left,alone because there were sonic political reasons ine the way. From that time on the people of the istands made repe~ited. deT11.01istration of their desire to become Amneric!~tns. To-day we recollect that it is seven years since we hiave been under this great lRepublic. W~e hiave observed thiat the- natives in the Philippines have inore righits than we nativeTs who hav-e given otii proof of desire to become Americans. Senator HARRIS. How many foreigners,, are there in the islands'? M~r. FRTA cis. There are about 200 of them. but they dominate the islands. You can not do anything beyond their will. The records will prove that we wanted to introduce an -American tax bill In the islands, and the only member who stood uip for that tax bIl was thie slpeaker, not, because I concurred wi~th every item in the bill, but I knew we could never have a government because those fore igners drew profits from the islan ds but escaped taxation. Senator BAYARD. These foreigiiers to whomii you have referred have the right and do exercise the right of franchise? Mr. FRANcis. They do, sir; and that is what we as -young natives know about and that is why we are so very serious. I want to say to the committee that these foreign people are placed- in a better economic condition than we are because, as the record will show from the- report, if a -native can get from 20 to 40 cents a day hle thinks he. -is doing well: and since the economic cond-itions have become so acnte in St.. Thomas the longshoremen who used to do shipping have scarcely any worlk to do. Therefore. the electors became very limitor] 14 PiIOVII)IN( A (IVIL ( N F Tl i VIGiiN ISIAIIS in numl)er-231 il the islald of St. Tlomas:id!'ss tlln 137 i the islaln of St. Croix. Senator WILIT,. Yo() sa ti elec t(to)lrs inl tie( iIla! of St. lTh;omas number 231 I The )populaltiol is 1appl'oxilmately wihlat Mr. F RsANCIs. Fourlteen tlhousanld. Senator WILLIs. A\nd in the other island? Mr. FR.ANc(I. Seven thousand and that is a fact tllat only 231 can vote in St. Thomas. I will explain why. To vote one mlust have property vielding a return of $60( per year. or an income of $3(00. Th ose poor p)eole onl get 4( cents a day. and I xwould like the chairmlan to ln(delrstan(d that these p)eop)le are not employed every (lay' in tlhe year on thle cane plantations. Senator IBAYARDI. Of tle 231 who (can vote in the first island you have mentioned( how many of those ar'e foreigners. 1Mr. FRANCIS. A.pproximately 13T. Senator BAYARuI. Anl of tlie 127 whlo can vote on) tile othier islandi with a population of 700()0) approximately how many aliens can vote o Mlr. FRANCIs. Not m.ore thlan 0. 'lat is a ser jious n over there. Senator BAYARI). But they a'le not lAmnericlan nationalsl ' 1Mr. IFR;ANC'I. They are not American nationals. Senator IHARRIS. l'01o Slay 98 p)e' c'enlt of theni are lile'}}te-of the natives 1Mr. FRAN.CIS. ' All of tile natives are literate. but 2 per cenrt of the people in the islands are illiterate. Senator W'ILLIs. As r. ncs staten. tt(eforel voitu camn-e in. the 2 per cent who are illiterate are folks who iihavle cne in froi i the British islandrs. His people are practically all litelrate 1anld none can vote: except 127 out of 1-4,000), and they are larg'ely foreigners. Mr. IRAN(Is.. Senator Kelnyon observed that iand considered it just as you do, sir. a very serious thinc. But. unifortunatelyv when lie was about to introduce that bill I ha(d to go to tile isl.ands becallse I amn of very limite( mleans.;So tire Senlator lresenteld a bill p1reventingl tlese f(oeigners lolding office. Previous to tile time the Senator introduce(l that blill these fioreiglnel's actually held office un(ler vour American flagr, anl tlhey ml(le e laws for the Armelrican nationals. Senator uKenyon tholugllt tlhat was the mIost vicious thilng lie could think of, and lie intro(tlced a bill to oust these mien. All the same these men are voters allnd tlhey are sending people with ideas dianietrically opposed to American ideals right into the legislatures, so (much so tlhat one of the lmellbers of the conimission was1 told by two Daneis over there tliat if universal suffrage was established they would leave. WVe are going to niake an issue of tliat in our newspa1pels'. \Ve are going to say that the best tlling will be for them to leave. We are under tle American flag. We can read and speak English, and we shoul( have more rights than they should have. That is the kind of a situation we have in the Virgin Islands. Now, judicially. wl^4it happens One man is police judge and government attorney and tlhat samle man controls the electoral votes. For example, if I go into tle court whlere the American flag is flying, charged with having committed a misdemeanor, this gentleman 1>\JPVJI~(!A CiVIL, FOENET1OR TilE VIRGIN' ISLANDS 1 5 wil jtidge me and fine mle, and if 1 appeatl nmy fine to what is called the (1141 itt court this same g'entleinan who had previously fined mne wll (on into the district court and prIosecitte mie. And if I wvant to appea f1iPoni the district court I mu11st, gtoPlaepiwIch l cost about $1.700, and no mnan who gets 40 cents a day could be able to rase ~t700 to get j ustice S(eM-i1 or B A-i-.ti. Do 'vou have the -samle -judge in the civil. an d criiiina oiir011ts? Mrfl. FRIANCIS. The samne judge. Senator BA YARD. How mart judges (10 you hiave? Mfr. FR~I.In the island ot St. Thomias two Judo-es and' illi the island of St. Croix. three judgres. '-en-itoiAr IS How 'ire they paid. Mfr. FjiANxcLts. They are pai-d tbethe municipal treasury and 'by contr1biution inade by this Congriess to cover and help Out expenses. Senator WmiLUs. JHow ar e th( ir(X,enues collected and what are the rlevenlues, of the island? Mr. FRAN'CIS. We have incomre and cart taxes'and so'0on: thene slps hav~e to pay to come into-the por~ts, etc. f wan1t. to say, this, gentlemen,~ that shince tho''Amier'icans ha-,e' ~ ciipied the island the health conditions have very uchl impro6ved"'niid the sanita-ry conditions have improved. Trhey have improved oiW, schoolh as Well. Buft we say to ourselves, when our children gret this beautiful education- they' are getting able also to raise their voices in protest.,against the system that. allows aliens to still have'the-co-ntrol of the cotulntry where we are born. I want to imipress the conmnittee with the fact that that. is a most serious thing to. us, Where these myen ha-,ve the political rights and we have none. We feel we are political peons tinder the American flag, and aliens have the right to (lictate to us. We ask the committee. to take that fact under sertious con sideration and to see. that we have a form of government establishedl in those Virgin Islands compatible with the American' conception of government, giving' the masses a s ay in the government. Senatok'- WILL~iis. Have von examiined this bill introducedl by Senator McLean, Senate 12786? Mr'. F1RANcis. Yes.: I have. sir. Senator WmLi-s. If you are f amii ar withl that, I think the comrnittee Noiildl be inter~estedl ini knowing) youir views concerning'it W1hat doe)(s it p,_rovi'de and -whatt (l0 you think about it'.Mr. FRANCIS. I have read the bill. Senator HARRIS. Is this bill similar to the one Senator Kenyon' introduced? Mr-. FRIANCIS. NIo:' Senator IKenyon did niot introduce a bill, sir, for the civil government in the Virgin Islands. But he, said it Was necessary that such a bill should be introduced. You will notice~ in his report about the old Danish la-Ws recited by the Senator. In 1920, to discover what the law was on any subject we had to examine the 01(1 Danish laws all the way from 17,56 down. Senator Kenyon thought, the laws ought to be codified first, and after that a permnanent government should be, established. The Senator, as you see, considered the government as. we have. it. was not compatible. with~ American 'Ideas, and he told the American people so. 16 PROVIDING A CIVIL GOVERN5MENT FOR THE VIRGTIN ISLANDS Mr. BmRaum. Perhaps, Senator, in connection with this bill, since I was largely instrumental in preparing it, I can state in reference to it. The bill in its bill of rights is almost verbatim the same as the law in force in the island of Porto Rico, with the one exception which prevents the anomalous situation of the judge acting as prosecutor and vice versa. Senator WILLIS. Then it appears from this very hasty examination that the second section is a bill of rights? IMr. BEr, LE. That is the bill of rights now in force in Porto Rico. Senator WILLIS. I think it would be useful if you and Mr. Francis together would proceed and tell the committee what there is in this bill; because we have had no opportunity to examine it. Mr. BERLE. If I may, I will speak for him. Senator WILLIS. All right. And is there anything else you desire to say, Mr. Francis? Mr. FRANcIs; No, sir. Senator WILLIS. Then. Mr. Berle, proceed with your statement. Mr. BERLE. Section 1 is merely an enacting clause. Section 2 is the bill of rights. That bill of rights is the same as that applicable to the island of Porto Rico under the now existing laws. Section 3 provides that there shall be no export duties levied, land that is the clause which appears in the Porto Rican bill likewise. Section 4 establishes the capital of the Virgin Islalnds at the city of St. Tlhomas. The capital of the Virgin Islands. historically llas been St. Tholllmas. Therle ltas )een a subsidia~ry cap)ital in St. Croix. but St. Thomas has always b)een thle recognize(l seat of o'ovellllllent,f the islands. Section 5 is tlle citizenlsllil) act. That lias bleell (lrafte(l alonl the lines of tlhe Philippine act, or ratllher a comlbination of the, Pllilippine an(l Porto Rican acts. anl 1)rovides fori citizenshlip for all tle Virgin Island inhlabitants who -are I)anishl slll)jects -not Danishll ciizens llit l)anish sul)jects-at the date at whi(ll tie tlreatwas c{oncll(led.e anl it also 1)ro\idles for citizenship for' thle cllildrell born sublsequlent thereto, and lwho continued to reside in tile Virgin Islandlls o, in the Fllited States, as tie case ilav b)e. I nll- sa\- tlhere is a })lrolenl of the citizenship of tllese Virgoin Islan1"derls h-lo 1lave mniglrated fronl the Viroin Islands anld so hlata-e collme to thie lnited States and should havie citizenslhip, hlere. That also ought to be adjudicated. SenatOr' 7I,1i. That is not dealt wit her'e. 1Mr. BRlmsr. Yes: that is dealt with here. Tliat provides that a Virgin Islanderl w-ho, was r'esiding in the AVirgin Islandls at tile time at w-lichl thle treatx was concluded. or in the T-nited States. becomes a citizen of the lUn-ited States. That would niean that a Virglin Islander wllo las since migrated to tlhe Unlited States is made a citizen under this sanie act. That same provision was incorlporate(l in the Porto Rican bill. and T think it only just to iepeat the samie tlming here. Senator T WiTl. So what is the situation with reference to those wlho retainl Danish citizenship? \Ir. BERr,F. There, is a proviso. "except such as shall hlave elected to preserve their citizenship in Denmark." Senator BAYA;RD. Is there any provision in this bill totlching on the qclestion of franchise being reserved to American citizens? PROVIDING A CIVIL GOVERNMENT FOR THE VIRGIN ISLANDS 17 Mr. BERI I:E. That is provided for in the bill. Senator BAY.\RI). That will be cured if this bill is passed. Mr. BERILE. That will be cured if this bill is passed. Section 6 is the santle provision whicll was incorporated in the Porto Rican act, providing for the turning over of Virgin Islands property to the government of the Virgin Islands for the benefit of the Virgin Islnands. with the exception of such public lands. waters and buildings. etc.. reserved( b- the ln-ited States. I take it tllat it mall be des-irable-sincel the p)rimary puropose of ac(tliiring tlle islands was to establish a naval base-to withdrawr cert-ain sections of the islands for that purpose, an(d we have nlade provision for that ill this act. [-Reading:] SE(:. 7. t t-he statutltry laws of thle 1United States hlereafter etiacted shall not apply to the Virgin Islandls. except whlen they specifically so provide, or it is so provided in this act. Which is Ilslal in every provincial ac't we hlave ever passed. Section 8 provides for a judicial process running in the name of the United States, and that is following the Porto Rican act again. Section 9 provides that the President shall designate a department of the Government to whom the governor of the Virgin Islands shall report. 'That is to give it a definite status in the system of our Government, and I presume. the President will probably designate the Bureau of Insular Affairs as is the case in respect of the Porto Rican Governor. In section 10 we depart here a little from the Port() Rican act. This provides for an executive officer. who shall be the governor, and he is given substantially the powers of the Governor for Porto Rico, with sonme additional powers which are the same as those given to the governor of the Philippines. Roughly, he has thle same powers that the Governor General of the Philippines llas got. Hie does not have the judicial powers. Section 11 provides for the executive departments beingSenator A IT.LIS. I want to ask something about section 10. Does that give the governor the veto power? Mr. BEril.. It does: he should have it and he ougllt to have it and he does. Senator HARRIS. How do youT provide for the governor's election or selection? Mr. BERLE. He should be appointed bv the President. There is no case in any of our. insular possessions where the governor is elected by the islands. Senator HARRIs. The Porto Ricans are trying to get it. Mr. BERLE. The Porto Ricans and also the Filipinos, but we will wait. In time the Virgin Islands may reach the status where they will deserve to elect their own governor, blt it -would probably be a little previous to try to enact that now. Senator WILLTS. The governor is appointed for how long? Mr. BERLE. He is appointed during the pleasure of the President. That is the same provision that applies to Porto Rico and the Philippines. A definite termn is diffi(cult to fix, because lie should b)e conformable to the administlration. etc. One hopes they may make a more or less permanent offi(e out of it. but that should be ini the discretion of the Presidlent of the United States. 18 -POVI! NF A (i,; i iN NI 1 F, 1' 5 V, [SLANDS TlIe execu'ive d(1(epa'tllcltis;l 'e created bl) sectio) 11. T lhee ar' not as1 nIn:ny as in Pll )rto Ric. Tl ere 1 is pr)ovided ( a de (lal tiellt of justice. depa rtilmeit of financ.;. depl) rtmlelt of educatlion. department of agriculture and lalbol. withl which I have cotlsolidatedl ithe provisions,of the deparitnhl t, 0-i' )pubtli-. worlks: a( td ht is b)eca;usepb)lic( works has a good deal to do witl labor and atlz itulture. and in a simall group o(f isllands I tllink tlhey cant be cUons(lildatedl. It may ble that Admiilral Latimner will want to (chanlge tIliat il acco'dance withl h]is ownli jl(udgt, ent. tbu)t thlat seemedl to is to b)e tl)e best for'in. We providt e tlhey slhall 11old oflice foi' three years utnless sooner 1renioved by the goven-'11or. 'The tlhree years seems g)ood to uts because that gives a a1 1n a chance to get tholrough]ly acquaillted w ith his job. land at the salle time it does n(ot )billd the ihan1ds of the g( overnor. The governnor has the power to remove any executive office ( as lie should. Then there is a }rovisi(,l for the p}erformance of their lduties }by!ie heads of the delpartmlent. There follow the definitions of eachl department. Senator WILis..Just. in patssing, I noticet:a ty l)igral)phica l eto01r — Mr. BERILE. I anm sorry. Senator WiLams. In the twe.lfthl line, on that page. MrL. BERL. Sectionll 1 has to: (do with the tIreasurer, and it requires the treasurer to (rive bondt. In PorIto Rico t' Irequ(ire at bonl, I believe. of $12(0.(000. For tlhe Virgin lslands it could tbe nm111c less, and I have sulggested $- ()(40.000). It lnma be a(lvisable even\ to reduce that. Sellator WILLIS. May I ask a (Iqtes.tion just t}herel I notice ld\wn about the middle of section 183 it refers to banking institutions in thle island. What bainkilnr institutions are therel Mrl. BER, E. That raises a difficult question. There is only one bank and tliat is tle I)anish West Indian Bank. It is a Ianish bank. By treaty that bank. which lias a monopoly in tile isstue of banlk notes in tlhe islani(l is glllrianteed its ml(onol)olvy!ntil tlh ye;ar 1929. Practically that (cuts out any otlel l)ank of issue.,or. indeedl. ain other publi)c bank of any sort until 1929. As I say, it is ii Dtanish institluti(on. o(ne(l 1b Dan)aisl. stockh!olders. an(l (contr():: to, a Ia re extent the finances of the island. But it has a monopoll gtaranlltee ( bi treaty. Senator WiilAIs. The i eV i a('ttal (cirt'ilation is AI)erli(ca money. I assume? Mr. IB3ERLE. No: i is i)anishl f1rancs. Senator WILLIS. You ()ompute prices, etc., in terms of frt:ncl.' AMr. BERLE. Yes. The Danish bank of issue hias the right to issue bank notes in francs andl has continued so t o do. I i(lterstanll.Amertican c money also ci(t~iulate s. You c1an Duy witl a (1ollar bill in this country. Senator WrLLIs. That is more than you can (do in this, cointry. But that is an anomalous situation that can not b)e corrected i;v legislation at present, Mr. BEi.E. Inless w-e )buy o)lt the Danisth bI.ank. For tlhat reaston I have included in here that the treasurer may deposit either, if lie PROVIDING A CIVIL GOVERNMENT FOR THE VIRGIN ISLANDS 19. chooses, in the Virgin Islands or in the United States. So if he chooses to go to a United States bank or possibly a Porto Rican bank he can do that. SenatorW~ILLIS. But that would not change the matter of issule'? Mr. BERLE. That is a thing that I suppose the Congress of the United States can only do by violating the treaty. But I assume it would Wot do so. Senator WILLiS8. It can pass a law' in -violation of thle treaty and that will be upheld. But that would be breaking faith, anid, of course, Congress will not do that. Ali -. BERLE. It provides also-for a commissioner of education, who has the samie duties as the, present director of education has now. It provides -also for the commissioner, of agriculture and labor to superintend all- works of a. public nature. That is a provision on which I should very niuch like the advice of the Navy. They may wvsh for naval reasons to have additional control the-re. But, as we -understand it, there is no need for it. Senator WILLI,,,. There is soniething you referred to a bit ago. I did not catch it inl the reading. It is very, important that the Federal Government shall have all its rights preserved. as to coaling stations, etc. Where is that? Mr. BE-RLE. Section 6 on page, 6.. It says: Thlat all property ~Avhichl may hIave been'acquiredl inl the Virgin Islands by the Un~ited States unider (*_S,,,ionl of Denmnark in any public bridges, road houses, water powers, hbighiways, unhiavigalble, streams and the beds thereof, s-ubterranean waters, mnines, or minerals uil(er thle Surface of private hlands'. all thle umarbor shores, d(locks, ships, reclaimedl lands, anRl phi 4ands, waters, aria public buildings,- not lleretofore reserved1 by the United Staites for public purposes,, are her-eby pdaced under the control of thte &ioverlilinent of tive United States Senator Wfii~Lis. Any reservation the Governmnent wants to Make linder that it mximst have masde 'before tIhis act g-oes into effect'? Mr. BruLEF. Yes: that is true, -although;`even undler that, Senator BA YARD. Section 42 pro-vides~ [reading.] That. all laws or parts, of~ VS tlaw piplic';44~l to, tfie \irgini Ishln~is not ill conflict with any of thle provisimns of -this ac."I mlcbldhlng tle' lawsN rellating~, to tariffs. customs, aa(l revenues, are hereby..contirnued in etiect, aniid alla lawh vs a 1d Parts of laws i- nitn wilhte provision-s, oft trmia s at aIre hereby replealed. Ther is geeral reservation clause ther? Mr. BERLE. Yes. Sen-ator WILLIS. I1 presutme that wouild be sufficient. I do not think the islanders wanlt any ques tion about it: they- are!perfectly willinig that the Government oth IntdStt( sulhallean oall stations or naval stations —in fact, anything they want-just so it is made (lear. Mr. BE11LLE. Yes: and not only that,1 buthde) niu'e it:, a big coalingr station would. be a great. boon to the isi muds, and would save their life. TIee is no opposition on tl t. Section 17 provides for the commiissionei-of hea-lth, and that is tihe same provision lthat applies in Porto Rifcol. He has pub~lic health, sanitation, and charities llnder his jurisdiction. Section IS provides f or an execuative se~cretarv. That is taken frtont the Porto Rictan act4 and the, duties:Qf the ex~cutive secretamirv WvoUl~ correspond to the. present duties. of -the: governor's secretatev there. 20 PROV\IDING A C(TII, GOVERNMENT FOR TH[E VIRGIN ISLANDS now, and lie has tile job of recolrding seclretary aml secretary of state. etc. Section 19 providesl for an annual report from the (no\velrnor of the Virgin Islands as to each session of the legislative co(ncil. TIat also is usual in the case of Porto Rico and the Philiplpine Islands. Senato'r VILI.S. Let me ask vou a1 question on section 19. Sup)pose these laws are transmitted to the Congress and one of them migllt not appeal to Congress. Does the Congl'ess Ilave the atlhority lundel this act to set tihat aside? M31. BEI:E. It certainly does. Under the legislative (lepaitillent that, is taken up. We will come to that, I am not clear that the order is entirely logical, but this is historic and follows the precedent of Porto Rico and the Philippines. and I did not feel it was right to change traditional forms wh-ich have been construed by the courts. Section 20 provides that the President may desigmate the Ilead of an execultive department of the Virgin Islands to act as governoel in case of a vacancy, an(l that is so lie -nay put in an ad interimn governor. As to the legislative department, the bill vests the legislative powers in a council to be called the Virgin Islands council. There has never been more than one house, and there seems to be no real reason why there should be two. Elsewhere in American systems we have two houses, but they are accustomed to one, and it is a small matter and there is no reason why we should go to the expense of having a double chamber. Senator HARRIS. How many representatives have they? Mr. FRANCIS. Fifteen from St. Thomas and 18 from St. Croix. Mr. BERLE. A considerable number are appointed by the governor. Mr. Fi.vxcrIs. He appoints four from St. Thomas and five from St. Croix. Senator I WmILI. It provides here that seven shall be elected from St. Thomas and five from St. Croix, and one from St. John. Is that fairly proportionate to the population? Mr. BERLE. That is a question to be raised. That ought to be changed. There is a typographical error. Mr. FRAxNIS. The question in my mind is why St. Croix, according to population, should have mor'e representatives than we in St. Thomas. Mr. BERLE. In nmy manuscript the number is reversed. If I may I will suggest that change. Seven should be from St. Thomas and five from St. Croix. Senator WILLIs. You just want it turned around: seven from St. Thomas, five from St. Croix and one from St. John. Is that about fair? Mr. FRANCIS. Yes; it is fair, Senator. In St. John there are less than 1,000 people. Mr. BERLE. St. John will get the larger representation, but they could not elect less than one. We provide that no one may be a member who is not an American citizen, and we provide also, as in Porto Rico. that the Virgin Islands be divided into 13 representative districts, of which one shall be St,. John. It may well be that the island of St. Johln will be de PROVIDING A CIVIL GOVERNMENT FOR THE VIRGIN ISLANDS 21 populated, and there should be power in the council to transfer the representation. We also provide for a division or demarcation by the governor. That is to correspond with the machinery provided in the Porto Rican act. The next election in the Virgin Islands should be held in the year 1924. I made it the blank day of July, because I wanted to find if there was a traditional date, and on the advice of the islanders we should like to fill in that date in line 23 to be the 15th day of July. That seenls to correspond roughly with the traditional date. It provides for extensions of the present terms until such tinmes as elections shall be held. Then it provides for the terms of the officers of the council. The first general election is to be held January 1, 1926; that is, approximately, a year and a half: and thereafter for a two-year period, with provisions for special elections in cases of vacancies. It provides for compensation for the mlembers of council of the Virgin Islands, fixing the rate at $5 a day. That is rather large for a man accustomed to 30 or 40 cents a day, but, on the other hand, it is not large when it is remembered that it may take him out of employment every single time the council meets, and he may have to earn a living. If he happens to be a laborer at crop time or a laborer at shipping time it will take him away from his usual employment. Also, that will tend to attract better men, and $5 for a 40-days' session is not a great deal and will tend to give those men a position of honor. Senator WILLIS. It provides for a reduction to $1 in salary after the first 40 days. Mr. BERLE. We had that up in Porto Rico. Senator BAYARD. Perhaps they ought not to have any salary after the first 40 days. Mr. BERLE. It also provides mileage. That is really necessary, because when a man travels 60 miles from St. Croix to St. Thomas it is an expensive journey. Travel is infinitely more expensive there than here, slow, and tedious, and prices are very high, and if a man has to come all the way to St. Thomas and go all the way back he ought to have that. It is provided that the council may judge the qualifications of members, it provides machinery for the first regular session of the council in 1926, the old council being continued until that time; it provides for the enactment of laws, and here is the question you spoke of-the veto. It provides, first, for submission of the budget by the governor: and later on it provides for any year the council shall not vote a budget, the budget of the previous year shall continue over. This was so that in event of conflict between the governor and the council the governor would not be blocked. It also provides that the governor may veto any bill, and that the council may pass it over the veto by two-thirds majority, but the governor, if he still does not approve, may transmit it to the President and ask the President to veto it. in which case e the Preident may do so. Senator WILLIS. That is entirely executive. There is no provision in here for any so-called veto power by the congress? 22 P)o(.VIi)[NXT A CIVIL GOVERNA.MENT FOR THE VIRGIN ISLANDS Mr. BERLE. I think there isSenator WILLIS. I am not suggesting there ought to be. I just want to be advised. Mr. BERLE. Yes. It is line 25, page 18. Senator WILLIS. I think that is sufficiently guarded. Mr. BERLE. It is sufficiently guarded. It says " All laws enacted by the council of the Virgin Islands shall be reported to the Congress of the United States, which hereby reserves the power and authority to annul the same." Senator W i.tirIS. That is covered. I think w\e would have it. anyway: but this makes it specific. Mr. HFI.:. It O Iprovides fel a pr p)l'i ati!)Sor can-in o. i m the gover111lnIent and p)1'vi(1es f'or I Joull'nil l)1,Roce'din1gs. Senzator I t Kl.\-. I notice it first l,, vilfes forl (iultlietid electot-rs ind tlwreafrter that citizens of thle I! itet S4tates shnall be the onlypersons qualified to vote. aMr. BEll. Thar t is bectaltuse, I c; idered it pIrobaible, 'wheln I drew it, subject t t the better jiudgnlent of; -ou gentlemenl. that the first session of the council nita c(ltoohse to Ilmake anll pass an (1(elctoral law. It would hardly bIe ((esi'tbe Ibetween now.and tir next council to lhave the first ('olnil )pas ai elect() ol law whli('1h 1might limit franchise still flurther. For thit reasoni. tlioIlght it wouil be well to let (the present coluncil ',r() over:1Idi tlhereafter reqluire that voters mutist be citizens of the lnllited States. At thle next election A-oters sxll le, citizetn of. thie n1lite St'atess 21 years of:ge or over. If there is an!y (do)lt, the first iprovision oilh(lt to go oult. Senaltor Wl..lis. I understcand iMr. Francis lias coimpleted( his statenment. If voul will leave vyour address with the se-cretarv. wlhemn Senator McLealn anll other yentlellen return we will le-11ar yo furt-her, if vol wish1 to be heard fturthter. (nd( thfe clerk of the co(lmittee will notify you of the lhearing. Mr. BERILE. I shoul d be very rladl to be lheard flrthe'r, if the committee desires. Senator WirlL,is. There will be placed in the record at this timle a rather infornmativ e article frtom t-le Evenini Str' of March 1 4 1924. (The article entitled. "New policy is nrl'ed for Virgin Islan1ds. " directed by the acting chairman to he inserted. is as follows:) I t'rom. the WXasllingi)on I:vening Star. March 1 1..1 241 N.-.. I' L'.l' Is li:o.t:i)l"1 n [ t,.i" T sr. x\ )s I N'QITEZS NVrPORTl DIOIt'( HI's. DIRY L.AW. AND (I, KAL..; ATI'rruD IIY VNXTTEI STATES H_\VE F:Hr't' —,.)', ', HS; N -4 IN S FH.V-'-S' '1i) T) 1 M PK)V TOAI ) ik' 1')X1 51 iN))).TO DAVIS A om('(llhi lti}it O C()!Id il:s l'ou' lr OI {,- thie poli'y i'I the l'lit 1 <1 StItes. ser'ious(ll 1 d(olits.il(t tVie Fed1erl p{),liilitioil;1('t. whilh (ripl)pled tlie hayrurn industry. hills (i reoted aztx alppatlllillgy lare I)er cent of' nIllenlloln)llrnt ill the Virg'in Is1?1(Ids, Secretaty of L:)Ir T);41 is w) s i fo1rInmed tto-day 1)by (1 commiittee:tlapoiInte(l t( iIv'lestig;ltet VIIce Sa1n's ltest Territolril aiqulisitiol. E'vi(dl cel(.t1 'f tre lli'id tenr;tli'i;t.i.;ftp;!l)rlent. thia co(mimi.i.ssiolI decl: t red. PROVIDING A CIVIL GOVERNM\ENT FOiR THE VIRGIN ISLANDS 23 Ninety-eight per cent of tlhe native plopulatill of the islands can read:nd wr-ite,;a.l( tlere is very little c(rilme. T'e gelleral healtl of t1e inhab'it1lt tomlpares fav-orably with- that in tlhe rural districts of tie sullthee'i S'1. tes. with a birth rate of 32 1per thlmousatl;ild( a death rate of 251 per tiou!llsa'(d. E(onomiic and industrial (ondfitions, 1however, are far from sn tisfa(ctory. SEVEN GOVERNORS IN 'HREE' YEARS The 'mmlllittee rec('ollneltned rest';oration of St. Thomlas, the prilc('ip)al p.ert of the islands, as a port of call; a study of the preparation of bay r um tlhat will restore its market standiilg without violation of the prohibition 1aws: a special study by the D)epartments of (ommelce and Agriculture for development of tile trade and agricultural possibilities of the islands, and ta longer term of office for tile governor, pointing out that seven goverinors llave held office in the last three years. Tlie Virgin Islands are located in the Atlantic ocean. 1,440 miles south of New York and 1,025 miles northeast of the Panama canal, with an area of al)out 132 square miles. The population is made up of 1,000 whites and 24,1(00 (ol(,red(. ThLe islainIs were purl1cha:sed by the United States f'roml Denlmark il 1916 for $25,000.000. Tlie report declares part of the loss of trade is due to the general policy of tlie United States of treating the islands only as an outpost of defense for' the Panama canal. Senator WiLIS. The commnittee will! now stand aldjoullrne1[..subject to call. (Whereupon, at 12.05 o'clock p. in. the committee adjourne(d to meet on call.) V. I Z. I -,qed P byPresvatiol EN 1992 THE UNIVERSITY OF MICHIGAN DATE DUE OCT 2O 7?.j-.. DOCT 0 7iD_.-% JUL 24 1989 AUG1. 41989 SEP 07 I,, SEP 5 q1989 SEP 07 1S3 " -%. I ",I, t 7 -T F F4 I FEB 2419 U%4MV. 0f ^.-^-i. tI Q> r #'* LtfzC s;kxW I I ) i _-4