75th Congress ) HOUSE OF REPRESENTATIVES j Report 
3d Session j | No. 2387 
AMENDING SECTIONS 7, 14, AND 20 OF THE ORGANIC ACT 
OF THE VIRGIN ISLANDS OF THE UNITED STATES 
May 19, 1938.—Committed to the Committee of the Whole House on the state of 
the Union and ordered to be printed 
Mr. Kocialkowski, from the Committee on Insular Affairs, submitted 
the following 
REPORT 
[To accompany H. R. 10649] 
The Committee on Insular Affairs, to whom was- referred the bill 
(H. R. 10649) to amend sections 7, 14, and 20 of the organic act of 
the Virgin Islands of the United States, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass. 
The amendment is as follows: 
Page 2, line 8, before the word “officers”, insert the word adminis¬ 
trative”. 
The following letter from the Secretary of the Interior dated March 
21, 1938, fully explains the purposes of the bill: 
The Speaker of the House of Representatives, 
Washington, D. C. 
Sir: I transmit herewith a draft of a bill to amend sections 7, 14, and 20 of the 
organic act of the Virgin Islands of the United States (49 Stat. 1807). 
On June 22, 1936, the new organic act for the Virgin Islands was approved 
by the President. This enactment replaced the act of March 3, 1917, which 
created a temporary government for the Virgin Islands. Numerous changes 
were made in the governmental organization of this island possession in the organic 
act. In general, these changes have been effected smoothly and satisfactorily. 
It has developed, however, that several minor amendments are necessary to 
clarify certain sections of the organic act so that uncertainties may be removed. 
Under the organic act a new legislative body was created in the Virgin Islands 
with power to enact legislation for the entire insular possession. This body, 
known as the legislative assembly, has met only once and failed to make progress 
with legislation due to disputes arising over purely technical and procedural 
matters. Section 7 of the organic act, which creates the legislative assembly, 
makes no provision for the establishment of rules of business for that body. It 
is, therefore, proposed that that section be amended to include a provision under 
which rules of business may be established for that body. 
Section 14 of the organic act gives the Governor power to introduce legislation 
into the municipal councils for the consideration and action of those bodies. By 
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AMEND THE ORGANIC ACT OF THE VIRGIN ISLANDS 
an oversight, the same power was not specifically granted to permit the Governor 
to introduce measures in the legislative assembly. At the time of the enactment 
of the organic act representatives of the local governments were present and 
discussed fully with the committees to whom this proposed legislation had been 
referred the question of the advisability of permitting the Governor to continue 
the long-established practice of introducing legislation for the consideration of 
the legislative bodies in the Virgin Islands. After a long discussion, the decision 
was made to continue this practice, but wording was not specifically included in 
the organic act which authorized the Governor to introduce legislation in the 
legislative assembly as well as in the municipal councils. As a result, at the first 
meeting of the legislative assembly a number of measures proposed by the Governor 
were not introduced and a number of matters of prime importance were neglected. 
Because of the fact that the legislatures, whether the municipal councils or the 
legislative assembly, have complete power to refuse to enact any measure intro¬ 
duced by the Governor or to alter it in any way that they see fit before enacting 
it, it is not a matter involving any great constitutional principle to permit the 
Governor to introduce measures for the consideration of the legislative bodies. 
From the practical point of view, it is important that the Governor have this 
power, not only with respect to the municipal councils, but with respect to the 
legislative assembly as well, because his office has the administrative and legal 
assistance which is necessary to draft satisfactory legislation, whereas the legis¬ 
lative bodies do not. The communities in the Virgin Islands are so small and 
are so lacking in financial resources that provision cannot be made for the estab¬ 
lishment of a legislative drafting office which might give the assistance to the 
legislature that is necessary to warrant the expectation that legislation drafted 
by members would be suitable for enactment. 
It is a fact that practically all legislation enacted by the legislative bodies of the 
Virgin Islands has been drafted by the executive department prior to its considera¬ 
tion by the legislative bodies. There are no political parties in the Virgin Islands, 
and the executive cannot therefore call upon party members in the legislature to 
put forward measures whose enactment is considered desirable. The organic act 
empowers the executive to sit with the legislative bodies during their meetings, 
and it is believed that the frank and direct introduction by him of measures 
whose purposes he can explain and whose terms he can justify is the most desirable 
procedure which can be established in the circumstances. 
Section 20 of the organic act now authorizes the Governor to attend meetings 
or to depute another person to represent him Some question has arisen as to 
whether or not a member of the Governor’s staff can attend meetings of the council 
when he is himself present, to give expression to the Governor’s views. On 
many occasions, when legal matters or matters relating to finance or other tech¬ 
nical matters are under consideration, it is believed desirable that the Governor 
be accompanied at meetings of the legislature by members of his staff who are 
especially qualified to speak on such matters. An amendment is proposed to this 
section which would clearly authorize members of the Governor’s staff to be 
present with him and to speak for him on such matters as relate to their special 
fields. 
The effect of these amendments will in no way alter the fundamental purpose 
of the organic act which was to establish a more democratic form of government 
in the Virgin Islands and to establish a government which gave a greater degree 
of local autonomy than did the law which it replaced. These amendments will 
clarify details which have proved to be subject to different interpretations and 
will permit the smoother functioning of the Organic Act as a whole. 
It is requested that the accompanying bill be introduced for the consideration 
and action of the House. It is recommended that it be favorably acted] upon. 
The Bureau of the Budget advises that this proposed bill is not in conflict with the 
legislative and financial policies of the President. 
Sincerely yours, 
Harold L. Ickes, 
Secretary of the Interior 
The committee considered especially the effect of the amendment 
proposed to section 14 of the Organic Act of the Virgin Islands with a 
view to determining whether or not undue additional power would be 
conferred upon the Governor by this amendment. Because the 
Governor now has the power under section 14 of the organic act to 
introduce drafts of legislation into both of the municipal councils of 
AMEND THE ORGANIC ACT OF THE VIRGIN ISLANDS 
3 
the Virgin Islands, which bodies have plenary legislative power within 
their own jurisdictions, it was determined that the amendment pro¬ 
posed, which merely gives this same power to the Governor with 
respect to the legislative assembly, did not confer unwarranted addi¬ 
tional power in the Governor. After introduction by the Governor 
of drafts of legislation, the legislative bodies of the Virgin Islands 
have complete freedom to alter any draft proposed by the Governor 
or to refuse to act on it. As a consequence, it is held that the amend¬ 
ment to section 14, as proposed, is desirable. 
CHANGE IN EXISTING LAW 
In compliance with paragraph 2a of rule XIII of the Rules of the 
House of Representatives, changes in sections 7, 14, and 20 of the 
Organic Act of the Virgin Islands of the United States made by the 
bill are shown as follows (existing law proposed to be omitted is 
enclosed in black brackets; new matter is printed in italic; existing 
law in which no change is proposed is shown in roman): 
Sec. 7. After January 1, 1937, joint sessions of said municipal councils shall 
constitute and shall be designated the “Legislative Assembly of the Virgin Islands.’’ 
The legislative assembly shall convene in Saint Thomas upon call by the Governor, 
and also whenever both municipal councils shall determine by resolutions passed 
by each of them: Provided, That the Governor shall call the legislative assembly 
at least once during each calendar year. The legislative assembly shall have 
power to enact legislation applicable to the Virgin Islands as a whole, but no 
legislation shall be considered other than that specified in the message by the 
Governor calling such a session, or in both of said resolutions: Provided further, 
That so long as the membership of the legislative assembly does not exceed 
sixteen members, a quorum of the legislative assembly shall consist of not less 
than ten members, and no bill shall be enacted until it shall be passed by a two- 
thirds majority vote of the members present. The municipal councils shall not 
enact laws or ordinances in conflict with the enactments of the legislative assembly. 
The legislative assembly may adopt rules of procedure not inconsistent with this Act. 
Sec. 14. [The Governor may introduce bills in the respective municipal 
councils.] The Governor may introduce bills in the respective municipal councils 
and in the legislative assembly. The Governor shall submit to the respective 
municipal councils, at least ninety days before the close of each fiscal year, 
a budget of estimated receipts and expenditures for the respective municipalities, 
which shall be the basis for the annual local appropriation bills for such munici¬ 
palities. He shall from time to time submit to the respective municipal councils 
such reports concerning the fiscal affairs of the municipalities as may be requested 
by resolution of either municipal council. 
Sec. 20. The executive power of the Virgin Islands and of the municipalities 
thereof shall be vested in an executive officer whose title shall be “the Governor 
of the Virgin Islands” and shall be exercised under supervision of the Secretary 
of the Interior. The Governor shall be appointed by the President, by and with 
the advice and consent of the Senate, and shall hold office at the pleasure of the 
President aAd until his successor is chosen and qualified. The Governor shall 
reside in the Virgin Islands during his official incumbency. He shall have general 
supervision and control of all executive and administrative departments, bureaus, 
and offices of the government of the Virgin Islands. He shall faithfully execute 
the laws of the United States applicable to the Virgin Islands, and the laws and 
ordinances of the Virgin Islands. He may grant pardons and reprieves and 
remit fines and forfeitures for offenses against the local laws, and may grant 
respites for all offenses against the applicable laws of the United States until the 
decision of the President can be ascertained. He may veto any legislation as 
provided in this Act. He shall commission all officers that he may be authorized 
to appoint. He may call upon the commanders of the military and naval forces 
of the United States in the islands, or summon the posse comitatus, or call out 
the militia, to prevent or suppress violence, invasion, insurrection, or rebellion; 
and he may, in case of rebellion or invasion, or imminent danger thereof, when 
the public safety requires it, suspend the privilege of the writ of habeas corpus, 
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AMEND THE ORGANIC ACT OF THE VIRGIN ISLANDS 
or place the islands, or any part thereof, under martial law, until communication 
can be had with the President and the President’s decision thereon made known. 
He shall annually, and at such other times as the President or the Congress may 
require make official report of the transactions of the government of the Virgin 
Islands to the Secretary of the Interior, and his said annual report shall be trans¬ 
mitted to the Congress. He shall perform such additional duties and functions 
as may, in pursuance of law, be delegated to him by the President, or by the 
Secretary of the Interior. £He shall have the power to issue executive regula¬ 
tions not in conflict with any applicable law or ordinance. He shall attend or 
may depute another person to represent him at the meetings of the legislative 
authorities herein established, and may give expression of his views on any 
matter before such bodies.] He shall attend or may depute another person to 
represent him at the meetings of the legislative authorities herein established, and may 
give expression of his views on any matter before such bodies; and may he request 
officers of the government of the Virgin Islands to be present with him or his deputy 
and to assist him in expressing his views on any such matters.