PROCEEDINGS
,
OF
THE
FOR
ST.
CROIX.
(Continned from yesterday’s
Avis.)
2nd
Member
for
Christiansted
Town
(Canegata)
remarked:
Mr.
_hairman.
Section 29 of the Kules
of
Business
wili
not
allow
you
to
amend
the
section.
What
could
be done
is
to
vote down the
seetion
and br.ng
in a
new section.
sth
Appointed
Member
(Lunney)
re-
marked:
Mr. Chairmaa.
Another
ques-
tivn to be
settled
is
which
of the Com-
missiors
is
to
meet
with
the
Public
Works
Officer
in
deciding
the
type
of
+road
we
are
to
have.
There
are
two
Commissions,
the
Road
Commission
and
the Highway Commission,
the
two should
not come
in conflict.
Ist Member for
Frederiksted
Country
Distriect
(Andersen)
remarked:
Mr.
Chairman.
In reply to the
last
Speaker
I wish
to say that it is the Road
Commis-
sion
that
we have
had
for
many
years
we
are reféerring
to and
not the Highway
Committee
appointed
last
year
by
the
Goveraor.
Ist
Member
for
Christiansted
Country
District
(Stakemann)
remarked:
Mr.
Chai.man.
The
Government
has
the
right to bring in amendments
at 3rd
Dis-
cussion
and
I
believe
the
Government
would
be willingto bring in
an
amend-
ment
to have
the
question
straightened
oul.
4th
Appointed
Member
(Blackwood)
remarked:
Mr.
Chairman.
This
is
a
vital question
and it ought
to be settled.
As
Ist Member
for
Frederiksted
Town
(Coulter) remarked,
a good
many
persons
are.
interested
in this
matter
and
would
like
to know what
kind
of
road
we aie
going to ha
e.
Government
Secretary
(Timmons)
re
msrked:
Mr.
Chairman.
The
Govern-
ment
is not prepared
for 3rd
Discussion
on this measure
today.
It
would appear
that this is a bill of considerable
import-
-ance;
it
might
be
weil
If
the
Counecili
would
let
2nd
Discussion
remain
open
until the next meeting of the Council.
2nd
Member
fer
Christiansted
own
(Canegata)
remarked:
Mr.
Chairman.
As
this is the last meeting
of the
Coun-
cil
if the bill is not
passed
at
this
meet-
ing it will have to be reintroduced.
Ist
Member
for
Frederiksted
Town
(Coulter):
There
is a
presidence
that all
bills
pending
at the
end of
the
elective
period
will not have
to
be
reintroduced.
2nd
Member
for
Christiansted
Town
(Canegata):
The
present
Council
can-
not tind the incoming Council.
It
was then proposed
and carried
that
92nd Discussion
on the bill remain
open.
Item 2.
Colonial Counecil Bill No, 57.
g
1.
UL 0l x
aNls
Continuation
of and
Ist.
Discussion
on Colonial Council
Bill No. 57,
draft
of an Ordinance,
introduced
by Gov-
ernment,
providing for
the appoint-
ment
of
a
judge
for
the
District
Courts
of
the Virgin
Islapds
of
he
United
States.
With Committee
Re-
port.
This
matter was witi../lrawn.
Ist Member
for Christiansted
Country
District
(Stakemann)
remarked:
Mr.
Chairman.
According
to
Paragraph
16
of
the Rules
of BusinessI will take
up
and bring forward
the
bill withdrawn by
Government.
The
Chzirman
would
like
to
know
if
the
Honorable
Member
is ready
to
pro-
ceed
with the bill.
-
Member
Stakemann
answered
yes.
Ist Member
for
C! ristiansted
Country
District
(Stakemannrn)
remarked:
Mr.
Chairman.
The
reason
for
taking
up
this proposal
which
has
created
a great
surprise
is, that I consider
it best
to have
the
President
appoint
the
two
judges
as proposed
by
the
Committee.
It cer-
tainly
is
astonishing
to
learn
that
the
President
has
set
aside
& Section
of a law
which
was
passed
by
the
Council,
and
aporoved
by
the
Governor
according
to
authority
vested
in
him,
promulgated
and
has
been
in
force
for
over
eight
months.
If such
a proceeding
is tenable,
there
would
thereby
be
createda most
uncertain
¢nd
insectre
state
of affairs
for the Public, for what
guarantee
would
we then
bave
that
any
of the many
laws
which
during
the
last
four years,
have
emanated
from
the Council
and
approv-
ed by the Governor may
not at any time,
either
in part
or
in
their entirety,
be
set
aside
by
the
President?
1
admit
that
according
to the Organic
Act
the
Presi-
sident
is
empowered
to appoint
the offi-
cers
to
administrate
the
islands,
but
when
he approves
a law
appointing such
officials he
has
made
use
of his
proroga-
tive and
has
consented
to
the
appoint-
ment
by legislative
measures,
which
may
only
be
repealed
by
other
legislative
measures.
The question
now is, did
the
fresident
approve
the
code
or
did
he
not?
When
the
Governor approved
the
act,
he acted
on
behalf
of the President
and by
authority
vested
in
him
by
the
President,
and
his
approval
is
there-
fore
legally
as
binding
as
if the
Pre-
sident
personaliy
bhad
approved
the
act.
The
reservation
in
the
Executive
Order
referred
to
by
which
the
Pre-
sident
reserves
his
right
to
veto
eith-
er in
part
or
on
the
whole
any
meas-
ure
passed
by
the Council,
can
logically
only
be
understood
to
relate
to
such
measures
which have
not
been
approved
and
promulgated,
but
not
tc
measures
which have
been
approved
either
by
the
President
personally
or by
the Governor
acting for him; because
of the fact when
so
a
proved
and promulgated
they
have
become
laws
which may only be repealed
er amended
by the legislative machinery.
I do not for
one moment
believe that the
Prasidant,
waose tin 2 was fully ocecupied
with far
more
important
business
tha-
that of this little Island,
and besides
was
at
the
time
in
ill
health,
would
have
taken
th= initiative as stated,
to examine
int) the question
as
to whether
one judge
or
two judges
wer2 necessary
for
these
islands,
or if a saving of
$4,800.00
might
b
effectel.
Such
an
idea
no
on 2 eould
for a
momn2at
entertain.
It is
a
very
opportune
moment
for
the
questicn
as
to the
appointment
of judges
to have
come
np.
The retiring Governor
cannot
have
any
reason
to
suppose
that
the
propcsal
aims
at
him
personally
as
he is on
the
ave
of departure,
nor can the
new Governor
take
it as
personal
agaiust
him,
as
we
do
not
know
him
yet,
and
therefore
could
bave
no
personal
feel-
ings againsi
him.
Wanile Ido not
doubt
for
a moment that
a judge
will always
give
judgments
according
to
his
con-
science
and
best
judgment,
still
there
are
those
who, especiaily
where
Govern-
ment
is
concerned,
may
feel
that
the
fact
that
the Governor
being the
one
to
appoint
a judge this
may
influence
him.
it
1s therefore
consiuered
best
to
avoid
any such
misapprehension
by having the
judges appointed
by the President.
[
may in this
connection
express
my
regrets
that
the printed
code distributed
was
not in coaformity
with the one
pass-
ed
an
. approved,
and I consider
it a very
unfortunate
and
inexcusable
error
on the
part of those
entrusted
with the
matter.
As
known
the Government’s
original
propnsal
was
for
one
judge,
but
after
vigorous
protests
by
Council
Members
and
a mass
meeting,
the
proposal
was
amended,
so as
to provide for two judges,
also
in consideration
of the fact
that
the
Congressional
Committee
in
its
Report
had suggested
a local
appeal
court based
on
there
being
two judges
in these
is-
lands,
and the code
was passed
and
ap-
proved
as
thus
amended.
There
are
many
reasons
why it would not be practi-
cal
so have but
one judge.
For instance,
supposing
we have
one
judge and
he
is
in
St. Croix and
an
immediate
libel of
a
vessel
visiting
the
vort
of St.
Thomas
be required,
who is to effect the
attach-
ment,
or would
it be
necessary
to wait
until perhaps
the
‘‘Creole’’ may
bring
over
the
judge,
while
the .shipin
the
meanwhile
leaves.
Let
us
also
suppose
that the judge were in St.
Thomas
and
a
writ of Habeas
Corpus
were required
in
St.
Croix,
is the party
to remain
ecom-
mitted
until
the
judge
can
get
over?
['nis
fact of
there being
but
one
judge
would
also impede
relief
from writs
of
attachments,
injunctions and mandamus.
We are usinz
money
here
freely;
look
at
our
budget;
look
at
our
expenses,
about
$30.00
per
capita
for every
man,
woman
and child.
Last
year everything
was rosey
but
we discovered
quickly that
it was
a
falacy.
We
eat
and
drink to-
day
and
tomorrow
we
die.
This
is
money
that
will be well
used—the
salary
to the judge.
That’s
an
office we need,