TRUST TERRITORY OF THE PACIFIC ISLANDS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00453R000100300013-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 234
• Document Creation Date: December 15, 2016
• Document Release Date: October 24, 2003
• Sequence Number: 13
• Publication Date: June 1, 1951
• Content Type: REPORT

ISLANDS
epoit on the Trust Territory oF the Pacific
Islands For the Period July 1, 1950, to June 30, 1951
Transmitted by the United States to the
United Nations, Pursuant to Airticle 88 oF the
Charter of the United Nations
Ft
Lt:N3al
;moos(
OPNAV P22--I 00-?M
JUNE 1951
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
WASHINGTON 25, D. C.
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ACCESSION N
89 , 108
CLASSIFICATION
Hi: U: N327
1950/1951
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REPORT
on the Administration of the
TRUST TERRITORY OF THE PACIFIC ISLANDS
FOR THE PERIOD'
JULY 1, 1950, TO JUNE :30, 1951
TRANSMITTED BY THE
UNITED STATES
TO THE
UNITED NATIONS
PURSUANT TO ARTICLE 88 OF THE
CHARTER OF THE UNITED NATIONS
RECEIVED
NOV a01951
VAL RECORDS & LIBRARY
NAVY DEPT.' '
OPNAV P22-1 00-M
JUNE 1951
Prepared by the
DEPARTMENT OF THE NAVY
OFFICE OF THE CHIEF OF NAVAL OPERATIONS
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1951
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FOREWORD
During the year July 1, 1950, to June 30, 1951,
the peoples of Micronesia have demonstrated in-
creasing ability to undertake responsibility for
their political, economic, social, and educational
advancement. Understanding and acceptance of
democratic principles and procedures have con-
tributed to greater indigenous participation in
self-government and judicial affairs. Increased
opportunities for interisland contact have stimu-
lated social consciousness of the relations between
the various cultures in the Territory. Sharing in
the development of economic projects initiated by
the Administration has given the people experi-
ence in business ventures. Appreciation of the
worth of education has increased the numbers of
students in the schools and made possible the ex-
pansion of the curricula.
Political achievements have been noteworthy
both on the municipal and district level. Thirteen
more municipalities have chosen to elect their
magistrates, thus increasing the number of elected
magistrates to 70 percent of those holding office.
The Palau Congress has continued to function
well. The Marshall Islands Congress met for the
first time on July 4, 1950, and in its deliberations
has shown a keen realization of problems of the
area. A charter for the Ponape Congress has been
prepared in accordance with previously expressed
desires of the people and is now being studied by
the Provisional Congress which met for the first
time in the spring of this year. A charter for the
Saipan Congress, giving the Congress advisory
powers, is now being discussed by the Salpariese.
Legislative studies have continued to be made at
the staff level and recognition of local customs is
reflected in the planning for extension of indi-
genous participation in government. The teach-
ing of the functions of democracy in the schools
as well as civil guidance by Administration of-
ficials have contributed greatly to the extension
and implementation of democratic attitudes. The
responsibility for direction of Administrative
programs was clarified by the issuance of Interim
Regulation No. 3-50, reorganizing the Staff of the
High Commissioner.
The islanders are playing an increasing part in
the judicial system of the Territory. They are
members of several courts and thus are in positions
where they can correlate modern law and local
'indigenous law. Criminal procedures, provisions
for la,k enforcement, provisions for protecting the
public health, safety, and morals of indigenes by
orders restricting residence, and the Judicial Code
have been formalized by the promulgation of In-
terim Regulations No. ?51, No. 4-51, No. 6-51,
and No. 8-51. A "Public Defender and Counselor"
was appointed in the fall of 1950 to provide pro-
tection for the legal rights of the people and to
advise and represent them in civil cases before
the courts. The Pacific Islands Insular Constab-
ulary has been reorganized and representative
members trained in police and penal procedures
at the Constabulary Training School at Truk.
The economic situation of the Territory has
shown considerable improvement during the past
year. This is due both to the further diversifi-
cation of island economy by Administration-spon-
sored projects, and to increased production of
copra and the high price which it brought on the
world market during much of the year. The pol-
icy recently adopted by the Administration of
making the Island Trading Company the sole ex-
porter of copra and the operation of the previ-
ously established Copra Stabilization Fund, bene-
fited copra growers when the price of this com-
modity collapsed in the spring of 1951. Money
available from the Island Trading Company's
Economic Development Fund has been invested
in several new projects including poultry and duck
breeding, and the planting of cacao. ITC has set
aside an additional $150,000 for the purchase of
boats to be used in island passenger and cargo
service and two have already been acquired and
are in operation. Control of shipping for the
benefit of the indigenes has been provided for by
Interim Regulation No. 7-51. A survey has been
made of the possibility of establishing cattle
ranches in the Northern Marianas. Research and
survey projects by the Pacific Science Board spon-
sored by the Office of Naval Research, the United
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States Geological Survey, and the -United States
Department of Agriculture have contributed to
initiation of further conservation, entomological,
and ecological projects. The Administration has
enacted measures for the control of fires and the
weed pest lantana by the promulgation of Interim
Regulations No. 5-51 and No. 3-51. Extensive
public works involving improvement of existing
facilities, especially dispensaries, schools, and
roads, have been constructed. The settlement of
land problems has. been undertaken in accordance
with two Land and Claims Regulations issued dur-
ing the year and some land has already been re-
turned to the owners. Banking facilities have been
established by the Island Trading Company and
plans for the settlement of various types of claims
against. the Japanese are in preparation.
Various programs for social improvement have
continued to further a sense of security among
the people. More thorough study of conditions
in all areas of the Territory has been made pos-
sible by the appointment of anthropologists at
District Headquarters and in specific areas by the
initiation of administrative-medical field trips.
A. nutrition. survey of both high and low islands,
conducted during the, year, will provide better in.-
formation in respect to the efficient utilization of
existing food sources. The construction of the
model village on Ebeye has been completed and
is being utilized by the Marshallese workers em-
ployed on Kwajalein. The issuance of Interim
Regulation No. 1-51 has provided laws for di-
vorces, annulments, and adoption. The medical
program has continued to be of great worth to the
people and each year sees a corresponding im-
provement in their health. The medical survey
ship U.S.S. -Whidbey completed its cruise of the
Territory in the spring of 1951 and the data which
its staff collected is now being evaluated for use in
further improving the health conditions and com-
batting diseases not yet under control. A special
study of the filariasis problem is being made in the
Truk District. Health Department Orders No. 1
and No. k; provide for the care of leprous patients
and the reorganization of the public health
system.
The public schools of the Trust Territory are
continuing to provide not only academic school-
ng, but also training in health, improving living
conditions, and the responsibilities of citizenship.
The number of students in the elementary and in-
11/
termediate schools has increased and more, indi-
genes are teaching in the intermediate schools.
The Trust Territory Schools for Medical and
Dental Assistants at Guam were closed in Decem-
ber 1950 and the students transferred to the Cen-
tral Medical School at Suva, Fiji. In the fall of
1950 the Pacific Islands Teacher Training School
opened a school of agriculture. A larger number
of students are studying abroad in schools of
higher education. Vocational training and adult
education courses have been established as part
of the intermediate school curriculum. Illiteracy
has continued to decline and the appointment of a
Supervisor of Languages will further assist in.
solving this problem. The library program has
been expanded by the establishment of libraries
at each District Headquarters, directed by indi-
genes trained at the School of Library Admin-
istration held at Truk in the spring of 1.951. The
fostering of indigenous culture remains an inte-
gral part of all educational programs.
The transfer of administrative res Jonsibility
for the Trust Territory of the Pacific Ist .ands from
the United States Department of the Navy to the
United States Department of the Interior became
effective July 1., 1951, pursuant to Executive Order
10265, issued by th.e President on June 29, 1951.
The transfer was accomplished in accordance with
the recommendation of the Secretarie of State,
War, the Navy, and the Interior on July 18, 1947,
that administrative responsibility for the Trust
Territory be transferred to a civilian a,gency of the
Government at the earliest practicable date.
Mechanical details of the transfer were worked
out by representatives of the Navy and Interior
Departments in the spring of 1951 with a view to
making the Government of the Trust Territory
independent of naval facilities as rapidly as pos-
sible. Title to all personal property and struc-
tures owned by the Navy and employed by the
Naval Government of the Trust Territory in the
administration of civil affairs of the Trust Terri-
tory,' and all funds controlled by the Government
of the Trust Territory were transferred to the De-
partment of the Interior or the Trust Territory
Government.
The United States Navy provided for civilian-
manned sea transportation and air services in the
Trust Territory to replace the logistic support
hitherto given by Naval vessels and planes. Ac-
cordingly, a contract for sea transportation was
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awarded to the Pacific Micronesian Lines, inc., a
subsidiary of the Pacific Far East Lines, Inc., to
service the area. Seven Naval ships, one large
cargo vessel and six smaller cargo vessels, with
spare parts, were transferred to the Department
of the Interior to form the fleet as soon as they
could be provided with civilian crews. As of June
30, 1951, these ships had been overhauled and fitted
with improved passenger accommo. dations. In
addition, the Navy transferred eight service craft
and thirty small craft. A contract for air trans-
port was awarded to Transocean Airlines and four
Naval PBY-5A aircraft, overhauled and fitted
with spare parts, were transferred on June 30.
All Navy communications stations in the Territory
and their equipment were transferred, and the De-
partment of the Interior assumed their operation
and maintenance. The Island Trading Company
took over the operation of commissary stores,
hotels, and messes and will operate them on a self-
supporting basis. Navy post offices were dises-
tablished on July 1 and replaced with civil post
offices established by the United States Post Office
Department. The United States Weather Bureau
took over the operation of the weather stations.
The timely substitution of civilian personnel for
Naval personnel involved the greatest problem of
the transfer. A civilian High Commissioner, ap-
pointed by the President on January 8, 1951, ar-
rived at Staff Headquarters at Pearl Harbor. on
January 27. In order that the continuity of ad-
ministration might be maintained insofar as pos-
sible, the Navy agreed to release -from the service
both regular and reserve personnel on active duty
with the Trust Territory Naval Administration
for employment with the Department of the In-
terior Administration. Seven officers and thirty-
nine enlisted personnel transferred to the new ad-
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ministration. etween ?
the majority of the members of the Naval Staff
both at headquarters and in the field were gradu-
ally replaced by civilians. Naval personnel re-
mained after the arrival of their successors for as
long as was necessary to train the new employees
in their duties. Five Naval officers and thirty-five
enlisted personnel were retained beyond June 30
-for the convenience of the Department of the In-
terior. In addition, personnel of Naval Construc-
tion Battalions employed on public works proj-
ects in the Territory were to remain until their
tasks were completed. The Naval Staff at Pearl
Harbor prepared a booklet of "Basic Facts" and
conducted a brief indoctrination course for the
new employees prior to their departure for the
field.
The transfer of administration was accom-
plished with no disruption of administrative serv-
ices to the people of the Trust Territory. Civil
Administrators and field trip officers in each Dis-
trict discussed the transfer with indigenous lead-
ers who in turn explained it to their people. The
inhabitants of the Territory cooperated fully in
all aspects of this operation.
The Micronesians are fast coining of age in a
modern world. They are adopting democratic at-
titudes and applying them to their government;
they are becoming more proficient in economic
affairs; they are accepting education designed pri-
marily to assist them in improving their own en-
vironment; they are showing an increased under-
standing of their position as inhabitants of a
Trust Territory. The progress of the people in
all fields is a tribute to the indigenous culture
which the Administering Authority continues to
respect in accordance with the requirements and
desires of a free people.
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TABLE OF CONTENTS
Page
FORE WORD III
CHART OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS VII
Chapter I. DESCRIPTION OF THE AREA 1
Chapter II. STATUS OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS.. 9
Chapter III. POLITICAL ADVANCEMENT 15
A. General Administration 15
B. Judicial Organization 23
Chapter IV. ECONOMIC ADVANCEMENT 29
A. Industry, Trade, and Commerce 29
B. Transportation, Communication, and Public
Works 41
C. Public Finance, Money, and Banking 43
D. Taxation 45
Chapter V. SOCIAL ADVANCEMENT 47
A. Social Welfare and Social Security 47
B. Labor 51
C. Public Health 54
Chapter VI. EDUCATIONAL ADVANCEMENT 61
PETITIONS TO THE TRUSTEESHIP COUNCIL 76
CoNcnusioNs AND RECOMMENDATIONS OF THE TRUSTEESHIP COUNCIL_ _ 77
STATISTICAL APPENDIX 79
I. Population 79
II. Administrative Structure of Government 81
III. Justice and Penal Administration 87
IV. Public Finance 88
V. Taxation 90
VI. Trade 90
VII. Enterprises and Business Organizations 92
VIII. Housing 92
IX. Production 92
X. Labor 92
XI. Cost of Living 93
XII. Public Health 94
XIII. Education 95
DOCUMENTARY SUPPLEMENT 97
I. Trusteeship Agreement for the Former Japanese Mandated
Islands 97
II. Proclamation Number One of the High Commissioner of the
Trust Territory of the Pacific Islands 99
III. Executive Order 10265 100
IV. Interim Regulations 101
V. Health Service Policy for the Trust Territory of the Pacific
Islands 174
VI. Health Department Orders 187
VII. Land and Claims Regulations 189
PROVISIONAL QUESTIONNAIRE WITH PAGE REFERENCES 193
PICTORIAL SUPPLEMENT 209
VII
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20.3.
of-
I?o?
NOTES OR
LINES INDICATE TERRITORIAL AREA,
AND DISTRICTS OF JURISDICTION AND
ARE NOT TO BE INTERPRETED AS
BOUNDARIES.
O CIVIL ADMINISTRATOR
O CIVIL ADMINISTRATION REPRESENTATIVE
X UNINHABITED
XI,' mum siEldA
...OS.... 5011111S
Ammo
600:0110-00111-mum?
... "MATO ?AX FRAMs"
P?GIFIG
0 r
.. ! .,?:40NOL111.11
.4
t. ..E.
? VICINITY NAP
mAyANIAEL
RASELTRLIAP I
0, PALAU ASLANDS
WIWI I.
PELELIU L
AMMAN I
I,10.1?0,01. L
I?IROLO ANNA
MAIN I.
NAHA SHWA
POPULATRAM. 146
211 ISLANDS 10th ISLETS
105 SO. MILES OF LAND AREA
E.RITA? 10- EIMA
VOLCANO ISLANDS
'um A1NA
11111?,-10.EMA
Ee" x NAL. I
/ A '?SufIGI. I .........
..................
.........
..."....
I .".......
If X u PAEAN I
I X ,GOSUAN I
? AL LI ELBAR I NORTHERN MARIANAS IS.
1 M A RIA NA S ISLANDS.
X ? SARNIUAN I SAIPAN DISTRICT
x? ARATARAN /
Ix.FARALLOR DE MEDIRILL A
Irt,..0
ST INRAB1TED ATOLLS AND SEPARATE ISLANDS
OCEAN AREA APPROX 3,000,000 AS. MILES.
...11..FARAALos us RAAARos
TRUST TERRITORY of the
PACIFIC ISLANDS
NORTHERN MARIANAS, CAROLINE and
.WARGUS MARSHALL ISLANDS
1,460 ISLANDS
687 SO.MILES OF LAND AREA
NAUTICAL MILES
io0 .20o
300
ATOLL
. P
? TAP I. AIS I.
Mu ROLL
-,3000L MOLL
WESTERN CAROLINE IS.
PALAU DISTRICT
^ 34,
IN 3
? 4 AAA.
MARSHALL IS.
0710/M ATOLL
,.,1111AN ATOLL i
111310M ATOLL 1
."17:J."
T T __k ROSOELAP ATOLL ?O
,... *1311.AIL IRON. ATOLL ? .. DMA "?". 1
X . ...' ERAS ATOLL .,??
..
',MARSHALL ISLANDS DISTRICT SI A R S II A I. E. MLLE ATOLL, MUT WILLI
,? ? VRIT.0 ATOLL X.... L
,
, u.IELANG ATOLL
0 -?LIPIEP ATOLL
..(IAFERuT L LUNE A*A,IMZAI -: OO11T ATOLL
11.610111PIS IS ATOLL ..,_ A, .". ornxi_ v.nollue ATOLL i
WACO AToLL PONAPE DISTRICT
.PARAULEP ATOLL
E PASU'i ' ""-LISEENDS
X NEST TAN,, ATOLL. 5 PIKELOT I OLL ....... .
? ROMP. ATOLL j POPULATION: 9,973
,,,,:?7-... 'LIAINTOT A '....4
..L.A, X:131.111.1tRA. j.ia,IN...... ,,,LAR I. 0
MATO IS :SAT...-PULM/AT ARA, ....,....O. IS
... .. ' ,01101.011 k.0 NGLA
AN1101
iFALIA ATOLL AILIM. '
: .PULUSLIA LOA. ATOLL SERTAVIII li, 05.'55P5 L
IS.
C, A 11 OLIN E
.NAMOLUN AT0LA
I'S LANDS A PINSELAF I
I 1.
TRUK DISTRICT
POPULATION: 15,064
LUI/UNOR ATOLL
iATAVIAR ATOLL
..111110J0010 ATOLL
EASTERN CAROLINE IS.
IUMINGAINARAN?1 ATOLL
140. 141 ISO. IT.
160.
?,."7,
MAURO STOLL ?
L
ATOLL .
4.40011 ATOLL
/444.4 4444.
,.jd"
AoPsoml NpNIGRRIATPcol? 1 Mmory 1950
IBS ?
'
A
.r
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Chapter I
DESCRIPTION OF AREA
The Trust Territory of the Pacific Islands occupies a vast oceanic zone
of the Western Pacific north of the equator. The area contains 96 distinct
island units composed of 2,141 individual islands and has a combined land
area of approximately 687 square miles. The islands form three Micronesian
groups: the Marshalls, the Carolines, and the Marianas less Guam. The ter-
ritory, stretching from latitude 10 to 200 north, and from longitude 1300 to
170? east, covers some 3,000,000 square miles. The distance from Tobi Island
in the extreme west of the Carolines to Mili Island in the extreme east of the
Marshalls is approximately 2,400 nautical miles or 2,727 statute miles. At its
greatest width the area extends 1,300 nautical miles or 1,477 statute miles
north and south.
The islands can be classified broadly as "high" volcanic or "low" coral
islands. Most of the volcanic islands lie in the western part of the Trust
Territory and are the exposed peaks of a submerged volcanic ridge which
stretches from Japan southward through the Bonin Islands, the Marianas,
Yap, and the Palaus in the Western Carolines to New Guinea. On many of
these islands the igneous rock of which they are composed is overlaid with
limestone. Eastward of this ridge lies a series of submarine elevations which
form the rest of the Carolines and the Marshalls. With the exception of the
volcanic outcroppings at Truk, Ponape, and Kusaie in the Caroline group, the
islands to the east are of coral formation, mostly in the form of atolls.
The climate of the Trust Territory is tropical with small seasonal changes.
Temperature and barometric pressure are relatively uniform. Throughout
most of the area the mean annual temperature averages about 75? to 85? F.
with a diurnal range of less than 10? F. Humidity is generally high and
ranges from an average of 77 percent in the Palaus to 86 percent at Ponape.
Visibility is good; fog, haze, and mist are rare. Clouds are mostly of the
cumulus type and are regularly present in great numbers.
Weather conditions are subject to great local variation and to rapid change,
especially on the high islands. Rainfall is heaviest in the belt between
1?30' and 8?30' north latitude, where the average annual precipitation is over
120 inches. On the high islands within this zone ?the precipitation is con-
siderably greater, being augmented by orographic rain. On the northern
islands and atolls of the Marshall group there is a pronounced dry season
during which water scarcity becomes a problem.
The wind systems are influenced by three major factors; the interplay
of the trade wind systems of the Northern and Southern Hemispheres, the
equatorial low pressure belt, and the monsoon system of the Asia-Australia
area. Although local squalls and thunderstorms are frequent during the sum-
mer months, the most serious storms to which the area is subject are of the
typhoon or tropical cyclone type. These moving storms, with intense cyclonic
circulation and winds of hurricane force, are particularly destructive on the
low islands which may at the same time be vulnerable to high waves. Typhoons
974662-51 --2
1
Extent (la).
Physical character-
istics (la).
Climate and
Weather (1 al.
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may develop in any month but they occur with greatest frequency between
July and November. The islands in the southern and western portions of the
Territory are most subject to destructive typhoons; Truk and the islands to
the eastward are relatively free of these disturbances.
Flora (4). The islands in all areas are well covered with plants and some of the
islands have forests. Soil conditions are generally not favorable but the fairly
high rainfall makes tropical vegetation possible. Except on islands which
at one time were extensively cleared for cultivation, as in the Marianas, or
were cleared for wartime airstrips, as at Kwajalein and Peleliu, the indigenous,
flora is reasonably intact. The volcanic islands have mangrove association
on the tidal flats, coconut association on the coastal slopes, and mixed forest
association on the uplands. On the larger inhabited islands, in prewar days,
cultivated fields lay between the coconut trees and the forests. During the
war most of these fields were abandoned and today rapid revegetation is
taking place. On some of the islands which have both limestone formation
and volcanic soil areas there are two distinct types of plant formations forests
on the limestone area and grassland or scrub grasslands on the volcanic soil
areas. The coral atolls are predominantly a coconut association. The other
plant life on the low islands consists of breadfruit and pandanus trees and
halophytic plants of a strand character, junglelike in. their growth. The
lagoons and other shallows of the islands have a marine plant life charadteristic
of tropical Pacific waters.
Fauna (4). The animals found in the Trust Territory can be classed in three Toups
types indigenous to the area, types introduced by migrating islanders in the
pre-European period, and types introduced, subsequent to the arrival (4 Euro-
peans. The only land mammal indigenous to the islands is the bat and even
this is not found on some of the low islands, including the. Marshalls It is
questionable whether species of dog, pig, and rat were brought by other islanders
or whether they were carried by winds and currents across the ocean on natural
rafts of trees or masses of vegetation. Howsoever they arrived, they were rare
and have now become cross-bred or replaced. by species brought in by outsiders.
Since the arrival of Europeans, water buffalo, deer, horses, cattle, goats, and
cats have been introduced. Harmful reptiles are scarce. There are a few
crocodiles in the Palaus and some poisonous sea snakes. Three species Of land
snakes which have been found are harmless. Lizards, geckos, skinks, sea
turtles, and large :toads are plentiful. Marine and shore birds, typical of the
tropical Pacific, are numerous, but land birds are relatively few, esplecially
on the low islands. Insects are exceptionally numerous. It have been esti--
mated that there are 7,000 species of which perhaps 15 percent have been intro-
duced by human being. About 45 percent of the total types of insects are
distributed throughout the islands; the rest are endemic to specific areas The
tropical waters of the sea, reefs, lagoons, and shore abound in marine fauna.
There are bonito, tuna, barracuda, sea bass, sharks, eels, flying fish, poreupine
and scorpion fish, octopi, sea slugs, many kinds of crustacea and mollusk, por--
poises, and seacows.
Natural Resources (4) Natural resources of the Trust Territory are meager and only a subsistence
Agriculture, economy has been possible. Agriculture is a constant struggle against nature,.
Much of the soil is of low fertility, thin and susceptible to erosion. Rainfall in
certain areas is not well-distributed. Insect pests, diseases, and weeds i are a
constant menace to crops; with grain or pod crops there are difficulties in
pollination and curing the. seed. These -natural limitations have restricted
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agriculture of the area to localized subsistence gardening, w p o
fair range of root and fruit crops. The range is larger on the high islands
than on the low. On the low islands the people grow tree crops of breadfruit,
pandanus, coconut, papaya, and banana, and root crops of arrowroot and taro;
they gather fish and shell fish and raise their own pigs, chickens, and ducks.
On the high islands less emphasis is given to marine products and additional
food crops are grown: yams, sweet potatoes, manioc, sugarcane, squash, melons,
beans, citrus fruits, corn, and pineapples. On certain high islands, a tropical
version of commercial agriculture appears feasible, but such a program must
be pursued with agricultural methods suitable to the area.
Indigenous livestock is nonexistent and the numbers of imported livestock Livestock.
are limited. Cattle, pigs, goats, chickens, and ducks were introduced to many of
the islands by early explorers and traders, but they never became plentiful and
were seriously depleted in numbers during the course of World War II mili-
tary operations. Since then cattle and hogs and poultry have been imported
from the United States.
Forest resources are almost nonexistent on the. low coral islands. Substan-
Forests.
tial stands of timber still exist on some of the higher islanCls and, with care in
utilization, it is believed that the Territory can supply most of its own needs for
lumber with a possible export surplus of certain types of wood as proper tools,
hauling facilities, and trained labor become available. Copra, or dried coconut,
has been the traditional export from the area. During the war, however, the
number of coconut trees decreased on many islands because of military activi-
ties and since that time the inroads of coconut beetles have caused additional
destruction.
The mineral resources of the Trust Territory are few and generally of Minerals.
inferior quality. Phosphate, bauxite, and manganese are the only minerals
which were extracted in commercial quantities in the pre-World War II era
and of these phosphate and bauxite were economically exploited. Iron, copper,
nickel, and limonite have been -found on some of the high islands but are not
of economic importance.
The marine resources are adequate for subsistence fishing. It is possible Fish.
that in some areas profitable commercial fishing may be developed from the
resources of bonito, tuna, mackerel, sardine, shark, turtle, trepang, sponges,
trochus shell, and pearls.
The Trust Territory is divided for administrative purposes into four sub_ Administrative
Divisions (1 bl.
areas : the Western Caroline Islands, the Eastern Caroline islands, the Marshall
Islands, and the Northern Mariana Islands ; and the five Districts of Palau
in the Western Carolines, Truk and Ponape in the Eastern Carolines, the Mar-
shalls, and Saipan in the Marianas. The headquarters of the above Districts
are located respectively at Koror, Truk (Moen Island), Ponape, Majuro, and
Saipan. The Office of the High Commissioner of the Trust Territory of the
Pacific Islands is located at Pearl Harbor, Oahu, Territory of Hawaii. The
Field Headquarters is located on Truk and a Liaison Office is maintained on
Guam.
The indigenous population of the Trust Territory on June 30, 1051, was Population (16).
55,730. Three-fifths of the population live on the six principal island units:
Saipan, the Palaus, Yap, Truk, Ponape, and Majuro ; the other two-fifths are
widely scattered. Many of the isolated islands and atolls are inhabited by only
a few dozen people and many more are entirely uninhabited. Population
density is greatest on the low islands. There are no incorporated cities or towns
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in the Territory. With the exception of several well-defined communities on
Saipan, most of the people live in small settlements and farmsteads scattered
over the individual islands and island groups.
Race (2). The inhabitants of the Trust Territory are broadly classed as Microne-
sians; that is, people of the tiny islands. They are divided into a number of
regional and local groupings and differ more or less widely in physical charac-
teristics, language, and customs. Together with other Pacific peoples they have
complicated ethnic lines in which are interwoven genetic elements a soeiated,
in the adjacent South and East Asian countries, with Mongoloid and ,aucasoid
racial types and, to a smaller extent, with Negritoid and Australoid types. The
Micronesian stock is characterized by medium stature, brown skin, straight; to
wavy hair, little face and body hair, and rather high cheekbones. Certain
Mongoloid features are more pronounced in the people of the west and central
areas; Australoid characteristics are encountered in the southwest islands;
Polynesian 'types occur in the Marshalls. The inhabitants of the islands of
Nukuoro and Kapingamaran.gi in the southernmost Eastern Carolines are Poly-
nesians who arrived there at the time of some migratory movement. The
Chamorros in the Marianas are a racial blend akin to peoples of Malaya and
the Philippines and represent a distinct ethnic group in contrast to the other
Micronesians.
Social Structure (31. Within the framework of the communal life which exists in the Territory
and which gives the outward appearance of extreme simplicity, comPlex pat-
terns of individual and group relationships exist which are fully as intricate ,
as those found in metropolitan society. These social patterns vary with the
locality. In small hamlets the people are linked by kinship and by neighbor-
hood relationships. A scattered group of such hamlets may have traditional
ties which approximate those of a village community. Larger, more diversified
settlements are joined in subdistrict and district organizations. The most per-
vasive type of kinship ties in the island societies, apart from loca_ family
organization, is that associated with clans of the matrilineal type. There is a
strong tradition of hereditary class structure with the rule of hereditary chiefs
or nobles tempered by councils of family heads or elders. Social distinctions
based on family, clan, age, seniority, or achieved position are strictly observed.
Culture (3). The native cultures of Micronesia vary markedly among island groups
and even among islands and atolls in the same geographic area. This cultural.
variation is further complicated by differing degrees of acculturation acquired
from contacts with Spaniards, Germans, Japanese, and Americans. Certain
similar characteristics exist such as those resulting from proximity to the sea,
specialized skills in the use of common local materials, cults of ancestors, and
complex class distinctions under hereditary chiefs. Cultural differences far
outweigh these similarities, however.
Language (3). The greatest disparity among the Micronesians exists in language.
Although all the island languages are Malayo-Polynesian, nine individual
languages are spoken within the Territory and most of these are subdivided
into distinctive local dialects.
Religion (3). Originally religion was an added source of difference and although, today, -
most of the islanders have accepted Christianity, the remnants of endemic
religious beliefs persist in many areas and 'condition the extent and manner of -
the adoption of Christianity. When the geographical factor of the great .dis-
tances between the islands is considered in conjunction with the cultural and
linguistic differences of the area, the ethnocentricity of the people appears as
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the chief problem in the political, social, and economic adjustment of the
Territory to the modern world.
The prehistory of Micronesia is largely a matter of conjecture. It is Prehistory (5).
probable that these islands were settled by canoe-voyaging immigrants who
came from the marginal islands of Malaysia before the Christian era or at
least several hundred years before the coming of Europeans. The regional
differences in racial and cultural characteristics suggest a number of migra?
tions. The islanders themselves have no clear records of such migrations in
their legends which generally picture them as originating in the areas they
occupy. There is concrete evidence available for partial reconstruction of the
past in prehistoric remains which still survive, notably on Ponape, Kusaie,
and Tinian.
The first voyage of exploration in the Pacific missed the islands of the Exploration (5).
present Trust Territory. Magellan, in 1519-20, passed through the Straits
which bear his name, sailed northwestward -for 98 days through hundreds
of Pacific islands and encountered none of them until he sighted Guam.
Magellan's men named the place "Las Islas de Las Ladrones." Later ex-
plorers became familiar with other islands near Guam and in 1564 the group
was renamed "Las Islas de las Velas Latina.s," after the triangular "lateen"
sails used in the region. Many years later the islands were again renamed, this
time for the queen of Philip IV, Maria Alma.
Meanwhile the Portuguese, searching for the Spice Islands, had established
themselves at key points in the Malaysian area. From there they fanned out
and touched at various Micronesian islands. In 1526 they discovered Yap and
Tflithi; later Spanish voyagers sighting these and many others of the islands
in the central and southwestern area, named the archipelago "Carolina" for
Charles II of Spain.
Islands in the group now known as the Marshalls were discovered by the
Spanish in 1529 and subsequent Spanish explorations during the century dis-
covered many others in the group. They were later named for the English
Captain Marshall who in 1788 made a voyage of exploration in the area.
No serious efforts were made in these early times by Spain or other Euro- Spanish Period (5).
pean powers to assume effective control of the Pacific Islands. Spain, in 1565,
did make the port of Agana on Guam a regular food and water stop -for
vessels plying between Mexico and the Philippines and continued to claim
sovereignty over the Marianas, the Carolines, and the Marshalls. However,
for nearly two centuries after the early explorations, the islands were lost to
history. Not until the late eighteenth and early nineteenth centuries did ex-
plorers, traders, whalers, pirates, and missionaries rediscover the islands and
gradually open up the area.
By the middle of the nineteenth century the islands had become involved
in European colonial rivalries. German traders especially were active and
when Spain attempted to control their trade, the Germans moved toward
seizure Of political control. The least substantial claim of Spanish sover-
eignty existed in the Marshalls and in 1885 the Germans assumed a protectorate
over those islands. This precipitated disputes with both Spain and Great
Britain, but by 1886 both nations had formally conceded the Marshalls to
Germany.
Spain was able to keep control of the Carolines however. In 1.885, the
same year in which the Marshalls were seized, Germany sent a gunboat to
various spots in the Carolines and claimed formal possession of the islands.
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Spanish reaction was violent and serious international complications were
avoided only when the issue was referred to Pope Leo XIII for adjudication.
The Pope confirmed the claim of Spain to sovereignty over the CaroJines on
condition that she maintain an orderly government there, but he awarded
Germany the right to trade, to fish, and to establish settlements and , coaling
stations in the islands.
No further change in the political administration of Micronesia Occurred
until 1898 when the United States, during the course of its war with Spain,
seized Guam. The next year Spain decided to withdraw from the Pacific
and sold the Marianas, except Guam, and the Carolines to Germany for
25,000,000 pesetas.
Spanish colonial policy in the Pacific had been autocratic and limited
to the pacification and Christianization of the Marianas and maintenance of
control over them. At no time did the Spanish make more than half -hearted
attempts to exploit the islands in an economic sense. German administration,
although autocratic, was moderate and efficient. Every encouragement was
given to the development of trade and the expansion of production. Emphasis
was placed on economic exploitation for the benefit of Germany but it was
tempered by a policy of enlightened self-interest.
German control of Micronesia was abruptly terminated by the outbreak
of World War I. In October 1914, Japanese naval squadrons took military
possession of the undefended Marshalls, Carolines, and Northern Marianas.
At the conclusion of the war, Japan became the mandatory power for these
islands under the Mandates System of the League of Nations. The mandate
was confirmed by the Council of the League of Nations on December 1)7, 1920.
The United States gave its consent to this arrangement in a treaty with Japan
signed on February 11, 1922.
In 1922, Japan substituted civil rule by the South Seas Government
(Nanyo-Cho) for the previous military rule of the area and began qt once
to develop the islands economically, to prepare them for Japanese emigration
and to indoctrinate the indigenous inhabitants through education, propaganda,
and cultural change. In 1932 the League of Nations questioned Japan con-
cerning reports that she was building military bases and other fortifications in
the mandate, but the Japanese denied any strategic exploitation. The announce-
ment by Japan in 1933 of her two-year notice of withdrawal from the league
of Nations raised the question of whether or not she could keep the mandate
when no longer a member of the League. Japan declared that under no cir-
cumstances would any other nation be allowed to control the islands. iFrom
1935 on, the civil government of the islands was dominated by the ndlitary
and the expansionist policies of Japan became the dominant factor in island
affairs. Japan kept the islands, continuing to send in her annual report to
the League through the year 1938. From then on they were treated as a closed
military area and eventually developed for military purposes.
'
Japanese rule of the Pacific Islands was complete and direct, and little use
was made of the inhabitants in government. The basic laws of Japan were
extended to the mandate and only the necessary modifications were made to
meet local conditions. Formal educational facilities for the indigenes were
limited and emphasis was placed upon teaching of the Japanese language and
customs. Some vocational training was given, notably at Koror. COnsid-
erable attention was paid to the health of the people. Economic exploitation
moved the inhabitants so far from a subsistence economy that, when the war
German Period (5).
Japanese Period (5).
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began, many were dependent upon imported consumer - .goods. J apan took
over practically all aspects of the economic life and in an unprecedented
fashion made the area more productive than is possible in a free economy.
When japan became a belligerent in World War II, the Japanese used World War 11 (5).
the Pacific Islands, which by then were fortified, as bases for Japanese aggres-
sion to the south and the east. In turn they served as a great barrier to the
liberation of the Philippines and Wake and Guam. Not until November 1943,
when the Gilberts were invaded, did United States forces begin to break through
the barrier. In January and February of 1944 the Marshalls were seized; in
June and July the Marianas were invaded; by August the Eastern and Central
Carolines were neutralized; in September Angaur and Peleliu in the Western
Carolines were captured. Many of the individual islands were bypassed and
not until the war was over were most of . these contacted. -
The condition of the people of the few islands where landings had been.
made indicated the magnitude of the problem awaiting military administration.
The natives were in a state of mental shock. Most of them had been in the midst
of the fighting or had experienced its repercussions. Their industry and trade
was gone and they were forced to return to a subsistence economy. They had
been displaced from their homes and gardens and fishing grounds. Their food
had been confiscated. They had had little medical care for years. Schools
had been nonexistent since the war began. Everywhere there were disloca-
tions and deprivations. In 1946 a survey group which investigated the eco-
nomic situation judged that the living conditions of the islanders had been,
set back possibly a quarter of a century.
These were some of the problems of the people which United States
Naval Military Government had to solve in addition to the strictly strategic
u. s. Naval tary
and logistic problems of a war area. Military government policies and activi- Government (51.
ties were based on the assumption that the indigenous inhabitants should be
treated as liberated people. The immediate problem was to furnish the people
with food, water, clothing, shelter, and medical attention.
The early administration was, of necessity, largely direct although, from
the first, contacts Were established with local leaders on each occupied island
who were associated with administrative activities. Each Military Govern-
ment Unit developed an appropriate system of indirect rule for cOmmunity
and district administration.
After the basic needs of the people had been met, it was possible to direct
attention. to other problems, including the restoration of displaced islanders
to their homes, removal of natives from islands still held by the Japanese,
housing, employment, encouragement of fishing and farming, establishment
of schools, and construction of public works.
In the year following the cessation of hostilities, repatriation of the Jap-
anese nationals, both military and civilian, and of the Koreans and Okinawan.s
whom Japan had brought into the islands as laborers, was carried out. By the
summer of 1946 the need for a, government for the islanders, other than mili-
tary government, became apparent. Because rapid demobilization of the armed
forces had reduced the number of available military government officers, the
United States Navy arranged with Stanford University to establish a sehool
for the training of Naval officers for the longer term tasks of civil administra-
tion. The first class was graduated on August 28, 1946, and these officers and
those of succeeding classes took over the administration of the islands.
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On November 6, 1946, President Truman announced that the United
U. S. Trusteeship (5). States was prepared to place under trusteeship, with the United States as
Administering Authority, the Japanese Mandated Islands. On the same date
copies of a draft trusteeship agreenaent were transmitted for information to
other members of the Security Council and to New Zealand and the Republic
of the Philippines.
The draft trusteeship agreement was formally submitted to the Se'purity
Council on February 17, 1947, and, after slight modification, was unanithously
approved on April 2, 1947 (Documentary Supplement No. I).
This agreement came into being on July 18, .1947, when, pursuant to au-
thorization by the Congress, the President approved it on behalf of the United
States. On the same day the President, by Executive Order 9875, delegated
responsibility for the civil administration of these islands, on an interim basis,
to the Secretary of the Navy and commissioned the Commander in Chief, Pacific,
and United States Pacific Fleet, as High Commissioner of the Trust Territory
of the Pacific Islands. By Proclamation No. 1 of July 18, 1947, the High
Commissioner assumed his duties (Documentary Supplement No. II).
The Secretary of the Navy ordered the United States Naval Military
Government of the ex-mandated islands disestablished as of July 18, 1947, and
directed the High Commissioner to institute civilian administration of the Trust
Territory, effective July 18, 1947, in accordance with the terms of the Trustee-
ship Agreement.
The Commander in Chief, Pacific, and United States Pacific Fleet, con-
firmed to hold the office of High Commissioner of the Trust Territory until
January 8, 1951, when he was succeeded in that office by the first civilian .High
Commissioner. The latter's appointment by the President was an initial
step in the transfer of the administration of the Trust Territory to a ciVilian
agency of the, government..
The interim administration of the Pacific Islands by the Secretary of
the Navy ended on June 30, 1951, when, by Executive Order 10265 of June 29,
1951, the President transferred administrative responsibility for the Trust
Territory from the Secretary of the Navy to the Secretary of the Intrrior,
such transfer to become effective on July 1, 1951 (Documentary Supplement
No. III).
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Chapter H
STATUS OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS
The Trust Territory of the Pacific Islands is administered by the United
States of America under the International Trusteeship System.
The basis in international law for this administration is the Trusteeship.
Agreement for the Former Japanese Mandated Islands (Documentary Supple-
ment No. I) which became effective on July 18, 1947. By this agreement the
Administering Authority has full powers of administration, legislation, and
jurisdiction over the Territory subject to the provisions of the Trusteeship
Agreement, and may apply to the Territory, with any modifications considered
desirable, laws of the United States which are deemed appropriate to local con-
ditions and requirements (Trusteeship Agreement, Article III).
There is no organic legislation for the Territory. Draft organic legisla-
tion was introduced into the Eightieth Congress but no. action was taken upon
it. The Executive Departments of the Federal Government have reviewed the
proposed organic act and recently re-submitted it to the Eighty-First Con-
gress. As yet no action has been taken upon it.
The people of the Trust Territory are, at present, unofficially described as
"Citizens of the Trust Territory." Their national status will be legally defined
in the organic act. All inhabitants have the same- type of citizenship and enjoy
the same human rights and freedoms pursuant to Article 76c of the Charter of
the United Nations, Article 7 of the Trusteeship Agreement, and the Bill of
Rights which is Chapter 5 of Interim Regulation No. 4-48. The Bill of Rights
guarantees (1) freedom of conscience, speech, press, assembly, worship, reli-
gious teaching, and petition; (2) no slavery or involuntary servitude; (3) pro-
tection against unreasonable search and seizure; (4) no deprivation of life,
liberty, or property without due process of law; (5) no ex 'post facto law; (6)
no excessive bail, excessive fines, or unusual punishments; (7) no discrimina-
tion on account of race, Sex, language, or. religion; (8) freedom of migration
and movement; (9) the maintenance of a general system of education. The
same protection of their persons and property is guaranteed the people of the
Trust Territory when in the United States or any of its possessions. In turn,
the indigenous inhabitants have certain responsibilities in respect to local
administration, health and sanitation, and education. The prOblem of the
status of immigrant communities is nonexistent for no such groups are present
in the Trust Territory.
A flag for the Trust Territory has recently been chosen. During the past
year the High Commissioner conducted a contest among the indigenes for the
selection of the design to be chosen. With the exception of the Marshall
Islands, all Districts and the Pacific Islands Teacher Training School submitted
entries. From these, common suggestions as to colors and figures were selected
and a flag design representative of the Trust Territory government and people
was assembled. When this flag has been approved, it will be flown in the Trust
Territory together with those of the Administering Authority and the United
Nations (T/Pet. 10/1) .
9
Basis for
Administration (6).
Organic
Legislation (6).
Status of People (8).
Rights, Privileges, and
Responsibilities (9)
(136) (145).
(10) (11).
Trust Territory Flag.
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Records (12) (1961
(245).
Development of
Regional and Inter-
national Relations (16).
(15) (16).
A system of careful maintenance of vital statistics of the population has
been instituted and designed to produce uniform records in conformance with
local customs insofar as feasible. A population census is taken under the direc-
tion of the Political Affairs Department as of the first of July in each year 4nd is
supplemented by interim (quarterly) totals of vital statistics. A Civilianl Reg-
istrar is required to be designated in each island community, with responsibility
for maintaining birth and death registration within his community. Each
Civil Administration Unit is also required to designate an officer as Central
Registrar whose duties include (1) the collection of certificates of birth and
death from all civilian registrars; (2) the preparation of a permanent central
register of births and deaths; and (3) issuance of certificates, transcripts, and
other records. No exceptions to these rules are made. It is the legal respon-
sibility of parents and of the registrar in each community to see that each live-
birth and stillbirth is registered. In case of death, it is made a responsibility
of the physician or of any other person having knowledge of it to submit all
pertinent information to the registrar. Official birth and death certificates
have been provided for such registrations; information for the latter must
include cause of death when known.
The census-taking procedures and the recording of vital statistics have been
developed to the point where such records are now considered to be reasonably
accurate ;_ however, further improvement is expected. (See Statistical Appen-
dix No. I.)
The inhabitants of the Trust Territory are being educated to increasing
consciousness of the interdependence of all peoples. Eventually, as cultural
contacts among the various peoples of Micronesia increase through centralized
educational bodies and through better communications, they will become more
regional-minded. One of the strongest influences for promotion of regional
understanding and cooperation within the Trust Territory itself is the inter-
mediate and higher educational systems instituted by the Administering
Authority. Intermediate schools, located at each Civil Administration head-
quarters, gather young people from all areas of a district. On a higher educa-
tional level, students from all parts of the Trust Territory study and work
together at the Pacific Islands Teacher Training School. During the past year
special courses in library administration and constabulary training were held
at Truk, thus bringing together representatives in these fields from throughout
the Territory. A conference of Administration personnel and indigenous offi-
cials of the Mortlock Islands was held in March in connection with the Admin-
istrative-Medical Field Trip to that area, thus affording an opportunity for
discussion of common problems.
Growing recognition by the islanders of their status as inhabitant of a
territory under international supervision assists them in developing a still
broader outlook. Further assistance comes from their daily contacts with rep-
resentati.ves of the Administering Authority and from their occasional meetings
with United Nations representatives. An example of the latter was the Mission
of the Trusteeship Council of the United Nations which visited the Trust
Territory of the Pacific Islands in the spring of 1950. The people have numer-
ous contacts with the neighboring territory of Guam where many of their im-
ports and exports are transshipped, where an increasing number of their
children attend school, and where they themselves visit. The Territory of
Hawaii is the headquarters of the High Commissioner; there, at times, certain
of their officials go for conferences and a few of their children for advanced
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training. The transfer during the past year of Trust Territory medical and
dental trainees to the Central Medical School at Suva, Fiji, will assist in
broadening the contacts of Micronesian students with Polynesian and Melane-
sian students from other territories and thus enlarge the scope of their cultural
and political knowledge of the Pacific area.
The Administering Authority, under the Charter of the United Nations International Coopera-
and the Trusteeship Agreement for the Territory, cooperates with the organs tion (14) (172).
of the United Nations in discharging the obligations of trusteeship in the Terri-
tory as set forth in those documents. There are at present no programs under
way in the Trust Territory organized by the Specialized Agencies. The ter-
ritory, however, has cooperated through the provision of information to those
Specialized Agencies seeking data with regard to the Trust Territory.
At present the Administering Authority is reviewing the international International Treaties
31.
treaties, conventions, and agreements to which it is a party in order to deter-
11
mine which of these may be considered applicable to the Trust Territory. Al- (172).
though none has been put into effect, many of those which can be applied are
being followed in practice. The International Sanitary Conventions and other
agreements in the field of Public Health are followed although, again, no
organized activities in this field are carried on with other governments or with
international organizations. The international narcotic agreements entered (193).
into at the Hague International Convention of 1912, the Geneva Convention
for the Limitation of the Manufacture of Narcotic Drugs of 1931, and the
Protocol signed at Lake Success on December 11,194G, are being followed. The
preliminary study of International Labor Organization conventions and rec-
(150) (197).
ommendations undertaken by the Administering Authority has indicated that
the Administration is complying with the basic intent of these conventions and
recommendations. Further study of the question of their application to the
Trust Territory is continuing.
Cooperation with neighboring territories and with the metropolitan coun- Cooperation with Neigh.
try and its dependencies is mainly in the fields of scientific investigation, of boring Territories (242).
trade, and of plant and animal quarantine. The agencies of the Pacific. Science
Board are providing studies in archaeology, anthropology, botany, entomology,
geology, sociology, and zoology. The United States Geological Survey is (245).
making a geological and geographic survey of portions of the Territory. The (17).
Administering Authority has made no arrangements to associate the Trust
Territory with other territorieS administratively or financially. There is no (6) (67) (102).
political association between the Trust Territory and the country or possessions
of the Administering Authority (T/Pet. 10/5) . There is no customs union
with the United States nor its dependencies, nor are there any trade or customs
agreements with neighboring territories. Diseases of plants and animals are
controlled by quarantine measures and regulations approved by the United
States Department of Agriculture and included in Interim, Regulation No.
4-48, Chapter 14. During the past year control of the weed pest lantana has
been provided for by Interim Regulation No. 3-51. At the present time the
Administration is revising the entire quarantine regulatory system.
The Administering Authority has a strong interest in the South Pacific South Pacific
Commission, a regional organization sponsored by the various governments Commission (16).
having dependent territories in the Pacific south of the equator, and recognizes
that many of the problems faced by the non -self-governing territories of the
members of this Commission are similar to those of the Trust Territory. Ento-
mological information, especially with respect to the control of the coconut
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beetle, has been exchanged between the Trust Territory Administration and
the Commission. During the past year a study of possible future trust
Territory participation in the Commission was undertaken, and a representa-
tive of the High Commissioner attended the meeting of the Research Council
of the South Pacific Commission at Noumea in June.
International Peace The Trusteeship Agreement provides that the Administering Authority in
and Security (1 8).
discharging its obligations under Article 76 ( a) and Article 84 of the Charter,
shall insure that the Trust Territory play its part in the maintenanCe of
international peace and security. To this end the Administering Authority is
entitled to (1) establish naval, military, and air bases and to erect fortifications
in the Trust Territory; (2) station and employ armed forces in the Territory;
and (3) make use of volunteer forces, facilities, and assistance from the trust
Territory in carrying out its obligations toward the Security Council. Such
forces may also be used for local defense and the maintenance of law and crder
within the Territory itself (Trusteeship Agreement, Article 5). Apart from
this, the Administering Authority has undertaken no obligations toward the
Security Council of the United Nations.
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TRUST TERRITORY OF THE PACIFIC ISLANDS
SECRETARY OF THE NAVY
. HIGH COMMISSIONER
DEPUTY HIGH COMMISSIONER
Cooperating and Advisory Groups
and Agencies
U. S. Department of Agriculture
U. S. Department of the Interior
U. S. Department of State
Advisory Committee on Education
for Guam and the Trust Terri-
tory
National Research Council :
Pacific Science Board
Special Advisors
Public Information
Trust Fund Board
CINCPACFLT
Island Govern-
ment Office
Assistants to the High
Commissioner
Assistant to the Deputy High Com-
missioner
Chief Administrator of Field Head-
quarters
Liaison Officers
Tax and Budget Subcommittee
Plans and organization subcommittee
Administration
Organization
Planning
Office Management
Personnel
Operations
Records & Reports
External Affairs
Communications
Staff Library
Trust Territory
Travel
Internal Affairs
Sociological Affairs
Political Affairs
Scientific Projects
Monuments-
Museums
Public Lands
Public Defender
Economics
Commerce-Industry
Labor-Wages
Agriculture
Conservation
Natural Resources
Maritime Services
Biological Control
Plant and Animal
Quarantine
Shipping
Air Transportation
Economic Projects
Education
Schools
Curricula
Educational
Supplies
Adult Training
Education
Personnel
Libraries
Subarea Governors
Subarea Policy Matters
Appointment Superior Courts
1
Z eSeeleti -10d peAoiddv
Attorney General
Legal Advice and
Service
Law Enforcement
Public Safety
Legislation
Land and Claims
Property Custo-
dian
Territory Constab-
ulary
Public Prosecutor
District Civil Administrators
Deputy Civil Administrators
Public Health
Hospitals and
Dispensaries
Licensing Practi-
tioners
Professional Train-
ing
Medical Research
Preventive Medi-
cine
Public Health
Quarantine & Com-
municable Dis-
ease
Fiscal & Supply
Purchase & Supply
Accounts & Records
Tax Collection
Trust Fund Cus-
tody
Fiscal Management
Public Works
Construction
Maintenance & Re-
pair
Public Utilities
Boats, Vehicles &
Equipment
Development &
Planning
?I Indigenous Legislative Councils
Administration
Internal Affairs
Economics
Education
Planning
Sociological Affairs
Commerce-Industry
District
Office Management
Political Affairs
Labor-Wages
Schools
Personnel
Scientific Projects
Agriculture
Educational
Operations
Monuments-
Conservation
Supplies
Records & Reports
Museums
Natural Resources
Adult Training
Travel
Public Lands
Maritime Services
Educational
Communications
Public Defender
Biological Control
Projects
District Library
Plant & Animal
Port Director
Quarantine
Shipping
CIVAD Representatives
Tinian, Kusaie, Yap, Kwajalein
00t1?91700-89dClt1
District Attorney
Public Health
Fiscal & Supply
Public Works
Law Enforcement
Hospitals & Dis-
General Supply
Construction
Public Safety
pensaries
Accounts &
Maintenance
Local Legislation
Medical Research
Records
Public Utilities
Land & Claims
Preventive Medi-
Tax Collection
Boats, Vehicles &
Property Custo-
cine
Fiscal Manage-
Equipment
dian
Public Health
ment
Development &
District Constab-
ulary
Sanitation
Quarantine
Planning
Public Prosecutor
Muniepalities
Magistrates, Treasurers
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Chapter III
POLITICAL ADVANCEMENT
A. General Administration
All powers of government and jurisdiction in the Trust Territory of the
Pacific Islands and over its inhabitants, and final administrative responsibility
are vested in the High Commissioner, subject to the direction of the Secretary
of the Navy. These powers are exercised by direction of the High Commis-
sioner through subordinate administrators appointed by him. The chief execu-
tive officer is the Deputy High Commissioner whose orders are carried out via
the Chief of Staff by the heads of the Staff Departments: Administration, In-
ternal Affairs, Economics, Education, Attorney General, Public Health, Fiscal
and Supply, and Public Works. The Chief Justice of the Trust Territory, who
has cognizance of all judicial matters, is appointed by and is directly respon-
sible to the Secretary of the Navy. (See Interim Regulation, No. 4-48, Chapter
1, and Chapter 2 as revised by Interim Regulation No. 3-50.)
The headquarters of the Trust Territory Government was originally estab-
lished at Guam, Mariana Islands, but in October 1949 the Deputy High Com-
missioner and the majority of the Staff moved to Pearl Harbor, Territory of
Hawaii, where the then High Commissioner, in his capacity as Commander
in Chief, Pacific; and United States Pacific Fleet, was located. Following the
appointment of a civilian Nigh Commissioner, members of his Staff made a
survey of possible sites for a headquarters within the Territory. Many factors,
however, will determine the choice and until a decision is reached the temporary
headquarters will continue to remain at Honolulu. The Chief Justice and the
heads of the divisions of Field Social and Scientific Affairs and of Public
Health, together with certain technical specialists, remained at Guam until
July 1, 1950, when they moved to Truk where the new office of Chief Adminis-
trator of Field Headquarters of the Trust Territory of the Pacific Islands was
established.
For administrative purposes, the Trust Territory is divided into -four
subareas: the Northern Mariana Islands, the Western Caroline Islands, the
Eastern Caroline Islands, and the Marshall Islands. Each of the subareas
is headed by a governor appointed by the High Commissioner and responsible
to him for the administration of the islands of the subarea and their terri-
torial waters (T/Pet. 10/4). The governors function chiefly in the fields of
policy control, inspection, logistic support, and coordination between the Civil
Administration Unit and other activities of the area. Headquarters of the
subareas are at Saipan in the Northern Marianas, Koror in the Western Caro-
lines, Ponape in the Eastern Carolines, and Kwajalein in the Marshalls. (See
Interim Regulation No. 4-48, Chapter 3.)
The Territory is also divided into five Civil Administrative Districts:
Saipan in the Northern Marianas, Palau in the Western Carolines, Truk and
Ponape in the Eastern Carolines, and the Marshall Islands. Each District
is headed by a Civil Administrator who is appointed by the High Commissioner
and is responsible to him for the proper administration of the District. The
15
High Commissioner
(7a) (223 (27).
Staff (23).
Headquarters.
Sub-Areas (7a)
(22) (27).
Civil Administrative
Districts (7a) (22) (27).
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unrn Aanumstrators of the Palau and Ponape Districts are also the Governors
,
of the Western and Eastern Carolines subareas, respectively. The District
headquarters are located at Saipan, Koror, Truk, Ponape, and MajurO. In
four of the Districts representatives of the Civil Administrators are located
on islands at some distance from the headquarters: Tinian in the Northern
Marianas, Yap in the Western Carolines, Kusaie in the Eastern CarOlines,
and Kwajalein in the Marshal's.
Staff. The Civil Administrator and his Staff constitute a Civil Administration
Unit which is divided into seven departments: Operations, Political A airs,
Economics, Public Works, Public Health, Finance and Supply, and duca-
tion. The Civil Administrator publishes the regulations of the High Com-
missioner and implements them by orders on local affairs. All matters relat-
ing to native affairs are a distinct responsibility of the Civil Administrator.
(See Interim Regulation No. 4-48, Chapter 4.)
Personnel (27). The initial assumption of responsibility for the administration of the Trust
Territory involved assignments for which the United Stales Navy at that
time had few officers specifically qualified. Since most of the military govern-
ment officers had been released shortly after the surrender, a School of Naval
Administration (SONA) was established at Stanford University early in 1946
and officers were sent there for five months' intensive preparation for island
civil administration. In September 1948, SONA was moved to the naval
General Line School at Monterey, California.
Training (27). The school's curriculum was based on a careful compilation of informa-
tion submitted by existing military government units in the field and of his-
torical and anthropological studies which had been made of similar peoples.
This material was meager at the outset but reports, correspondence, and the
results of investigations and surveys were gradually made available to the school
and each of these was studied thoroughly in order to develop proper back-
ground and philosophies of administration. Instruction was given each Officer
in the following subjects:
The Islands as a Setting for Administration.
Island Populations.
History and Government.
Comparative Colonial Administration.
Naval Administration.
International Law and Organization.
Role of theislands in Basic and World Politics.
Social Conditions and Problems.
Economic Conditions and Problems.
Political Conditions and Problems.
Health Conditions and Problems.
Education and Public Opinion.
Language Learning.
Technique of Investigation and Administration.
(27). Approximately 300 officers were trained at the school before its diScon-
tinuance in August 1949. The results of ads training have been apparent
throughout the period of the Navy's administration of the Trust Territory.
The officers went into the field better equipped, in general, to understand the
social and economic implications of native cultures and to cope with the Prob-
lems inherent in the administration of a people who had but few contacts
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with the modern world. (See Statistical Appendix No. II for data concern-
ing administrative positions.)
The Administering Authority has consistently fostered the political ad- Indigenous Political
vancement of the inhabitants. There are two endemic institutions, widespread Institutions (7) (26).
throughout the Territory, which influence the development of self-government:
first, the strong tradition of hereditary class structure in native societies, based
upon rule by hereditary chiefs ;.second, the council, instituted within the native
cultures and consisting usually of family heads or elders. These councils of ten
function as sounding boards of public opinion and by their deliberations limit
the executive powers of the chiefs.
At the present time, self-government has reached its greatest development Municipalities (7) (21}
in the municipalities; there the local administration is based upon the indig-
enous governmental system of the inhabitants. Through education and civil
guidance by administration officials based at this local level, the people are
being taught the rights and obligations of democratic government. No pres-
sure has been used to force the people to discard their customs in favor of
modern western institutions since it is believed that only confusion and social
disintegration will result if the indigenes are required to . adopt foreign prac-
tices without proper preparation. Rather, certain functions have been as-
signed to the local governments and, through instruction in the rights and
obligations of citizens of a democracy, a gradual evolution toward a more
democratic form of indigenous government is taking place (T/Pet. 10/7) .
During the past three years an increasing number of municipalities have begun
to choose their local officials through electoral processes.
The plan for self-government on the municipal level is based upon the con- (7) (26) (27).
cept that a minimal number of officials should be required and that the author-
ity and duties of the municipalities should be simply but precisely defined.
Accordingly, each municipality designates a minimum of two officers: an execu-
tive head, usually called the Magistrate, and a Treasurer. A Community Court
judge may be appointed by the Civil Administrator or elected, or the Magistrate
may function in the capacity of judge. Frequently a council of elders serves
as an advisory body to the Magistrate. The Magistrate and the Treasurer may
be paid by the municipality, but whether or not they receive salaries, and the
amounts of such salaries paid, depend upon the wishes of the community. The
municipalities have the responsibility for local enforcement of territorial and
district laws, particularly with regard to sanitation and education; they are
empowered to make local rules, to set up a budget, and levy, collect, and expend
local taxes; and they are required to keep records on matters of municipal
finance and vital statistics.
At the present time there are a total of 116 municipalities in the Trust (26).
Territory. A certain number of communities in isolated island groups which
are designated as municipalities are very loosely organized; :there the inhabi-
tants have designated their hereditary chiefs as Magistrates and community
life proceeds according to old, established patterns, except that the Magistrate
collects Certain authorized taxes to pay the municipal officials. This is particu-
larly true of the eleven islands and atolls south and east of Yap, in the Palau
District.
Municipal officers are designated in one of three ways: where the people (76)(24) 26).
prefer to acknowledge the hereditary rights of a chief they do so and the chief
is recognized as Magistrate by the Administration; in some few instances offi-
cers are appointed by the Administration after consultation with community
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chiefs and elders; in a continually increasing number of instances, municipal
officials are elected by popular vote with a secret ballot. During the past year
13 additional municipalities chose to elect their magistrates. The following
tabulation shows the number of incumbent magistrates and the means by which
they are selected:
Regional Government
(71 (211(24) (26) (27).
Palau.
Yap (21) (26) (140).
(140).
Marshalls (7) (211(26).
I )istriet
Saipan
Palau
Truk
Ponape
Marshall Islands
Total
Elected ?
Appointed
Hereditary
Total
3
2
0
5
25
1
11
37
24
7
8
39
5
5
1
11
24
0
0
24
81
15
20
116
On the regional or district level, advances in the field of self-government
are being made, although they are proceeding more slowly than on the mUnici-
pal level. Factors which have to be overcome to develop regional or district
government by the native inhabitants stem from the ethnocentricity Of the
people themselves, a situation which is derived from their linguistiC and
cultural differences and their lack of communication. The greatest prOgress
in regional self-government has been made in the Palaus where the Palau
Congress has functioned as an advisory body on island affairs since July 4,
1947. This Congress is composed of the 16 district magistrates and Congress-
men elected for a 2-year term from each municipality on a representative
basis (1 from a municipality of less than 200 people, 2 where the population
ranges from 200 to 499, and 3 from municipalities counting more than 500
persons). The inclusion of both hereditary and elective members has met
with the approval of all sectors of the population and has liberalized the former
hereditary authority of the chiefs. It is noteworthy that the Palau Congress
contains two elected Congresswomen (T/Pet. 10/3). This Congress meet's once
a year and remains in session until the business at hand is completed. It has
discussed taxes, the prohibition of intoxicating liquors, qualifications for legal
residence, preventive measures for control of the coconut beetle, and the
formation of a wholesale cooperative trading company.
In Yap, a more conservative community, the Chief's Council ha S been
supplemented and liberalized by the formation of a "Young Men's Connell,"
consisting of representatives elected by the young men's groups, which sits
either separately or with the Council of Chiefs to discuss the problems of
the island. The governmental experience thus gained by these young men
is preparing them for future assumption of political leadership and is
broadening their knowledge of democratic principles.
In the Western Carolines the "Seinen-dan" (young people's groups Origi-
nally organized under Japanese administration) have been revived by the
indigenes. These organizations, while organized for the purpose of promoting
public works projects, social and sports events, have in a few instances indicated
an interest in political affairs.
The first organized session of the Marshallese Congress convened July 4,
1950, at 1VIajuro and remained in session for 10 days. The Congress has been
established as an advisory body to the Civil Administrator of the Marshall
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Islands District in order that the Marshallese people may express their desires
on matters affecting the laws and government of their islands. It is composed
of two houses, the House of Iroij and the House of Assembly. The House
of Iroij consists of all persons holding the position of Iroij laplap (paramount
chief) in accordance with the traditions, usages, and customs of the Marshallese
people. Three women are members of the House of Iroij. Members of the
House of Assembly are representatives of each municipality who have been
elected by the people. Representation in the House of Assembly is in propor-
tion to population on the basis of 1 representative for populations less than
600, 2 representatives for populations of over 600 but less than 1,000, and
3 representatives for municipalities whose population is in excess of 1,000.
A. second session of the Congress has been called for August 1951.
During its first session the Congress discussed and formulated its views
on such matters as the formation of an indigenous trading association, greater
support of the schools, replanting of war damaged areas, taxation, improve-
ments in sanitation, prohibition of intoxicating liquors, settlement of land
claims, and encouragement of interest in the proceedings of the Congress.
The people of the Northern Marianas have indicated their desire to form Saipan (7) (21) (26).
a governmental body for the Saipan District, and early in 1950 they submitted
a proposed charter for the consideration of the Administration. This charter
provided for a Congress which would be the full organ of government for
the area. Since it is the policy of the Administration to encourage a gradual
development of democratic processes, the abrupt assumption of such broad
powers of government for the indigenous inhabitants would overtax their
present political capacity. At the present time the Saipanese are considering
a revised charter which provides initially for a Congress with advisory powers.
In the Truk District, a premature attempt to establish a unified political Truk (7) (21) (261.
structure for the Truk Atoll, initiated during military government days,
proved unsuccessful because the Trukese were not prepared to cope with, the
complexities of centralized government. It was found necessary to discard
this artificial atoll organization and to restore to the communities their in-
dividual responsibilities and rights. In June 1951 the 39 Truk municipalities
were working efficiently and well, but the prospects of a District-wide political
organization will have to be held in abeyance until such time as the com-
munity leaders have a broader understanding of democratic governmental
responsibilities.
The Provisional Ponape Congress met for the first time at Kolonia, Ponape, Ponape (7) (21) (26).
from March 12 to 14, 1951. The delegates to the Congress adopted several
resolutions expressing their desires concerning the organization of the per-
manent form of the Congress and requested the High Commissioner to prepare
a charter Which 'would incorporate these resolutions. The charter was drawn
up in accordance with the resolutions of the delegates and the suggestions
of the District Anthropologist who had conducted studies specifically for this
purpose. At present, the Provisional Congress is discussing the suggested
charter.
These regional organizations are affording an opportunity for the inhabi- Powers (7) (21).
tants of each District to become acquainted with the problems of their immedi-
ate area. Thus far, they have been given only advisory powers, but as the
people master the techniques and procedures of legislation the Congresses
will be accorded more authority.
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Territorial A Territory-wide legislative body is included in the long-range plans of
Government (21).
the Administration but problems of transportation, communication, and even
more important, the problem of ethnocentricity, must be solved before the
plan can be carried out effectively. A preliminary step in the establishment
of such a legislative body has been the formation of the Legislative Adyisory
Committee. This group consists of five members appointed by the High Com-
missioner from among the heads of the Staff Departments. Their ditties con-
sist of drafting regulations, processing laws, and studying legislation. AS soon
as practicable the Committee will be augmented by the addition of indigenous
members who, it is hoped, will in time entirely replace the Staff Membets and
develop and carry out legislative proposals for the Trust Territory as a whole.
Contact with the areas of the Territory which are at a distance frofn the
District Headquarters is maintained by regularly scheduled field trips. Each
inhabited island is visited at least once every three months by Administtation
personnel. In addition to the regularly scheduled field trips to the outlying
islands, the Administration during the past year initiated administrative-
medical field team trips. The first was organized at Truk in November 1950
and spent 30 days visiting Woleai and Lam otrek; the second trip was organ-
ized at Truk in January 1951 and spent 65 days investigating conditidns in
the Mortlock Islands. Field trip personnel consisted of members of the Staffs
of the Field Administrator of the Trust Territory and of the Civil Admin-
istrator, Truk: the educational administrator, the medical officer, the dental
officer, an anthropologist, an entomologist, an agriculturist, a handicraft expert
representing the Island Trading Company, a chief hospitalman, an indigenous
medical assistant, and a radio man. The length of time alloted the trips enabled
the personnel to make a more thorough study of several aspects of island life
than has been possible on the usual field trips. At the end of the Mortlocl trip,
a two-day conference of the administration personnel and the chiefs, secretaries,
and teachers from seven of the islands was held at Lukunor to discus the
problems of the people and to advise in their solution. The inforrnation
gathered and the on-the-spot assistance rendered was of great value td, both
the Administration and the indigenes. It is planned to conduct such field
surveys throughout the entire area of the Trust Territory..
Legislative Advisory
Committee (7) 121/ (26).
Contact with
Outlying Areas.
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-->
COURT STRUCTURE OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS
SECRETARY OF THE NAVY
1. Mandatory review of death sentence.
2. May modify decisions of Court of Appeals.
1
COURT OF APPEALS
1. Three Justices, appointed.
2. Convened by DepHiComTer
PacIs.
3. Hears appeals from
District and Superior
Courts.
DISTRICT COURT
1. Chief or Associate Justice.
2. General Jurisdiction.
3. Hears appeals from Justice
Courts.
4. Reviews records of
Superior, Justice and
Community Courts.
SUPERIOR COURTS
1. Three Judges, appointed
by Governor.
2. General jurisdiction except
admiralty, maritime, and
land.
JUSTICE COURTS
1. Judges appointed by CIVAD.
2 Jurisdiction limited to:
Civil: $1,000; Criminal:
$1,000 or 1 year.
APPEAL t
COMMUNITY COURTS
1. Judges elected or appointed.
2. Jurisdiction limited to
Civil: $100; Criminal:
$100 or 6 months.
22
CHIEF JUSTICE
1. Appointed by SECNAV.
2. Administrative supervision
of all civil courts.
3. Prescribes rules for
pleading, practice, and
procedure.
CLERK OF COURTS
1. One for each District.
2. Serves all except Community
Court.
NOTE:
The DISTRICT COURT reviews all rec-
ords of the SUPERIOR, JUSTICE, AND
COMMUNITY COURTS.
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B. Judicial Organization
Under the terms of the Trusteeship Agreement, the Administering Au_ Judicial Administration
thority is given full powers of jurisdiction over the Territory subject to the
provisions of the Agreement.
The Chief Justice of the Trust Territory of the Pacific Islands is appointed officials.
by and is responsible to the Secretary of the Navy. He has administrative
supervision over all Civil Administration Courts and may make rul.es for their
procedure. A Clerk of Courts for each District and other necessary court
officers are appointed by him. The Associate Justice for the Trust Territory
is appointed by the High Commissioner. Both the Chief Justice and As-
sociate Justice are nonindigenous personnel.
The judicial organization of the Trust Territory is set forth in Interim Judicial Organization
Regulation No. 1-49; the criminal code in Interim Regulations No. 5A.8 and (7) (28).
No. ?5O;2 criminal procedures in Interim Regulation No. 2-51; the judicial code
and law enforcement in Interim Regulation No. 8-51. These have been drawn
up in accordance with the Charter of the United Nations which provides for
the just treatment of the people, their protection against abuses (Article 73),
and the encouragement of respect for human rights and for fundamental free-
doms for all (Article 76).
The .Civil Administration Courts are (1) The Court of Appeals, (2) the Courts (28) (29)134)
District Court, (3) the Superior Court, (4) the Justice Court, and (5) the (146).
Community Court. All people in the Trust Territory, regardless of race, sex,
or nationality, are subject to the same laws and are guaranteed equal treatment
through the courts, in the administration of justice.
The Court of Appeals is convened by the Deputy High Commissioner and Court of Appeals.
consists of at least three persons including the Chief Justice unless he is dis-
qualified or not available. Its jurisdiction extends to the whole or any part
of the Trust Territory and it is competent to try all civil or criminal cases on
appeal from the District Court or Superior Court. Its members may be
indigenous or nonindigenous.
The District Court has jurisdiction over the whole of the Trust Territory. District Court.
It holds sessions in each Civil Administration District and is presided over
by the Chief Justice, Associate Justice, or any other member of the Court
of Appeals who is employed primarily for judicial duties. The District Court
is competent (1) to try originally all proceedings, civil or criminal, at law
or in. equity; (2) to try all civil or criminal cases on appeal from justice courts.
Superior Courts have jurisdiction over the whole of the Civil Administra- Superior Courts.
tion Sub-Area in which they are located. A Superior Court is convened by the
Governor of the Sub-Area and consists of one or more persons, at least one of
whom shall be an officer or employee of Civil Administration. This Court can
try (1) all civil cases beyond the limitations of Justice or Community courts;
(2) all criminal offenses against civil administration or generally recognized
native customs beyond the limitations of the lower courts and for which any
lawful punishment may be given.
Justice Courts have jurisdiction over the whole or any part of the Civil Justice Courts.
Administration District in which they are located. A Justice Court is con-
vened by the Civil Administrator of the District and consists of one or more
persons. The Justice Court has power to try (1) all civil cases beyond the limi-
tations of Community. Courts where the amount at issue does not exceed $1,000;
(2) all criminal offenses against Civil Administration or generally recognized
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native customs beyond the limitations of Community Courts, the lawful punish-
ment for which does not exceed a fine of $1,000 or 1 year imprisonment or
both; (3) all civil or criminal cases on appeal. from Community Courts.
Community Courts. Community Courts have jurisdiction over the indigenous inhabitants of
the community in which they are located. A Community Court consists f one
or more judges appointed or elected. Community Courts are competent fo try
(1) all civil cases where the amount at issue does not exceed $100; (2) all
criminal offenses against Civil Administration or generally recognized native
customs, the lawful punishment for which does not exceed a fine of $100 or 6
months' imprisonment or both.
The indigenous inhabitants of the Trust Territory have taken an in-
creasing part in the judicial system since its inception. The Administering
Authority has constantly emphasized that the islanders should be utilized in
the Civil Administration court system to the maximum degree consistent with
proper administration (Interim Regulation No. 1-49, Article IV, Sect* 6) .
All elements of the population are entitled to participate and officiate in the
courts. At the present time indigenous personnel are members of all tyPes of
courts but the District Court. and the Court of Appeals. Community Courts
are composed exclusively of indigenes and the Civil Administrators can and do
constitute Justice Courts of qualified indigenous personnel who are willing to
serve as members. As of June 30, 1951, there were: 105 Community Courts
with 127 indigenous judges; 6 Justice Courts with 7 indigenous and 5 nonin-
digenous judges; 4 Superior Courts with a total of 8 indigenous and 1 nonindige-
nous judges. Indigenous personnel also serve as clerks and assessors in all
courts. The District Court and Community Courts can inflict punishment for
violations of unwritten but generally recognized local customary law. Such
sentences are carried out in the same manner as those given for violatiOn of
written law. '
Judges (29). The Civil Administrator appoints the Community Court judges who are not
elected and the Justice Court judges. The Governor appoints the SuPerior
Court judges. Judges hold office at tlie pleasure of the Civil Administration
official by whom they are 'appointed. In some localities, especially on the
smaller islands, the local head men or chiefs serve as both Magistrates and
Community Court judges. It is the policy of the Administering AuthOrity,
however, to separate judicial from administrative , and legislative functiOus as
soon as a sufficient number of capable indigenous personnel is available to fill
all positions.
Law and Order (20). The maintenance of law and order is one of the minor problems in the
Trust Territory. There has never been an instance of collective violenee or
disorder involving indigenous inhabitants. Serious crime is rare and offenses
Arrest (144). mostly of a minor nature. (See Statistical Appendix No. III A.) If a rinie
or offense is committed, the Bill of Rights governs the power to arrest and
guarantees the protection of arrested persons. The recently promulgated
Interim Regulation No. ?5i on criminal procedures sets forth the regulations
concerning arrest and the disposition of arrested persons. The Criminal code
declares false arrest a crime and provides penalties therefor.
Criminal Code. The Criminal Code for the Trust Territory of the Pacific Islands is set
forth in Interim Regulations No. 5-48 and No. 0-50. and in District order S and
ordinances. In conformanCe with the general policy of the Administering
Authority stated in the Trusteeship Agreement, native customs are recognized
by the Criminal Code and by the courts in all instances except where such
Indigenous Participation
(29) (32) (31).
Recognition of Local
Law 131).
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customs might lead to a serious miscarriage of justice, to a violation of the basic
rights of the individual or of the Trusteeship Agreement or of Civil Adminis-
tration enactments, or to a situation endangering public health or morals. Dur-
ing the past year new rules of criminal procedures were promulgated as Interim
Regulation No. 2-51 and have replaced the procedures established by military
government directives and modified by earlier Interim Regulations.
Two Interim Regulations promulgated during this reporting period have
added to the clarification of Trust Territory law. Interim Regulation No.
1-51 sets forth the law regarding divorces, annulments, and adoption in addi-
tion to authorized custom in any part of the Territory. Interim Regulation
No. 4-51 states the regulations for equipment and operation of motor vehicles
and the penalties provided for nonconformance with the law.
Court procedure is provided for in Interim Regulation No. 1-49. All Court Procedure (30).
court proceedings are public unless otherwise ordered by the court. The de-
fendant is entitled to have a copy of the charges upon which he is to be tried;
to consult counsel before the trial and to be represented at the trial by counsel
of his own choosing; to have witnesses; to give evidence in his own behalf;
and to have the proceedings translated for his benefit if he is unable to under-
stand them. The official language of the lower courts which are presided over Language (28).
by indigenous personnel is the language of the area; the language of the higher
courts is English. Interpreters are always used when necessary. Rules of
pleading, practice, and procedure are issued by the Chief Justice; local courts (30).
may make their own rules where not covered by the general rules. Trial is by
judge or judges. There is no trial by jury in the Trust Territory.
The position of Public Defender and Counselor was established in Sep- Public Defender and
tember 1950 under the administrative supervision of the Director of Internal Counselor (21) (30).
Affairs. An experienced lawyer was appointed to the post and his headquarters
was established at Truk. As Public Defender, he protects the legal rights of all
inhabitants of the Trust Territory and defends the accused in criminal actions
involving serious punishments by preparing their defenses and representing
their interests at trials. As Counselor, he advises the inhabitants in civil mat-
ters of a legal nature, rendering the necessary legal aid and representing them
in civil actions. The islanders have eagerly accepted and utilized these
services. Penalties (213).
Penalties for crime are provided for in the Criminal Code (Interim Regu-
lation No. 5-48). Penalties imposed are usually restricted to fines or imprison-
ment. However, the Court of Appeals, the District Court, or the Superior Court
may issue orders as to residence in lieu of or in addition to any other lawful
punishment (Interim Regulation No. 1-49, Article IX, Section 3) . By Interim
Regulation No. 6-51, issued in the spring of 1951, the Civil Administrators and
Civil Administration Representatives are authorized and empowered to order
any person not a permanent resident of a municipality or island of the District
and whose presence there is prejudicial to the public health, safety, or morals
of the residents, to leave that municipality or island and not return for a stated
period not exceeding one year. All such orders restricting residence are re-
viewed by the High Commissioner. In the case of murder in the first degree,
the death penalty may be imposed. A maximum penalty is specified for each
type of offense and the matter of imposing a lesser sentence. is discretionary with (212).
the court. There is no corporal punishment nor deportation nor any confine-
ment at a long distance or outside of the Territory. All penalties are applicable (213).
equally to indigenous and nonindigenous personnel.
974662 51 3
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Juvenile Delinquency
(209).
Constabulary (19).
Law Enforcement.
Public Safety.
(207).
(2071.
Constabulary School
(207).
Major juvenile delinquency problems do not exist in the Trust Territory
and the question of imprisonment of juveniles seldom arises. Although the
law provides that an offender 16 years of age or over may be treated as an adult
if the court decides that such treatment is justified, most cases involving offend-
ers under 18 years of age are handled in a flexible manner. Procedure is based
upon the accepted practice of juvenile courts of the United States and includes,
insofar as possible, a report by it welfare or probation officer in advance of
trial; an informal hearing in closed session; interrogations of parents or
guardians and release in their custody if appropriate; detention, when necessary,
apart from adult offenders (Interim Regulation No. 2-51, Chapter 'VII,
Article 52).
Responsibility for law enforcement and public safety in the Trust Terri-
tory is a District or local affair. The only active law enforcement agency
in the area is the Central Pacific Insular Constabulary, a unit of whieh is
located at each of the Civil Administration Headquarters. Member are
selected from volunteers, indigenous to the District where they are employed.
The Insular Constabulary was organized in 1946 to maintain law and order
in the occupied mandated islands and has been continued under the Trust
Territory administration. The Constabulary also carries out the public safety
program and does the fire fighting. Additional provisions for public safety
were promulgated during the past year in Interim Regulation No. 4-51,
"Motor Vehicle Act," and Interim Regulation No. 5-51, "Control of Fires."
The general supervision of the Constabulary is a responsibility of the
Attorney General of the Trust Territory. Each District Constabulary ;Unit
operates under the direct supervision of the Civil Administrator of the, Dis-
trict through the Public Safety Officer and a United States Marine Corps
noncommissioned officer who acts as Chief of Police and Police Training Officer.
The Marine noncommissioned officer is the only nonindigenous person in a
District engaged in police work.
The sizes of the units vary according to the population of the District and
to the duties involved. No difficulty is experienced in keeping the forces up
to strength because members of the constabulary invariably enjoy high prestige
in their community.
Each unit headquarters consists of a police station, a jail, a fire station,
and barracks for the Constabulary. The :members whose homes are at some
distance live in the area and when not performing actual police duties are
trained in English, law, police methods, fire fighting, military drill, and ;mili-
tary courtesy. A typical organization is that of the Palau District where on
June 30, 1951, the Constabulary force consisted of two technical sergeants,
four staff sergeants, six sergeants, six corporals, and seven privates first 'class.
Twenty-four of the members were stationed at the Civil Administration Head-
quarters at Koror ; one was on duty at Peleliu. As of June 30, 1951, the other
District Constabulary Units had the following membership: Saipan 25, Truk
46, Ponape 33, Marshall Islands 21.
During the past year plans for extension of training of indigenous leaders
included a reorganization of the Insular Constabulary along civil police lines.
To accomplish this the high Commissioner established the Central Pacific
Insular Constabulary Training School at Truk for outstanding Constabulary
members. Three classes, each of six weeks duration, were held in the spring of
1951 and each District Constabulary Unit was represented by three of its
members.
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The course was conducted by a United States Marine Corps warrant officer
and two sergeants, all of whom had civil police experience. During the first
week, general indoctrination acquainted the student with the mission of the
school and the scope of the subjects to be studied. The next four weeks' study
covered all phases of police work applicable to the type of constabulary needed
for the Trust Territory, including crime prevention, detection, and prosecution;
prison administration; motor vehicle and identification procedure; juvenile de-
linquency; and civic problems. During the final week the students worked out
police problems applicable to their own locality by applying lessons taught
in the preceding weeks. Throughout the training period emphasis was laid
on the teaching of English and the maintenance of a high degree of physical
fitness and self-reliance. At the close of the course each student received a
certificate of accomplishment.
During the existence of the school, the officer in charge conducted a study
of the present organization of the Constabulary and of the penal system of the
Trust Territory. On the basis of that study and contact with local problems
as presented by individual Constabulary members, he recommended a standard
organization and table of arms and equipment for the Constabulary and sug-
gested certain changes in the penal system.
The withdrawal of the United States Marine Corps personnel from the (207).
Trust Territory, in connection with the transfer of administration to a civilian
agency at the close of the year, necessitated provision for continuing law en-
forcement. Interim Regulation No. 8-51, "Judicial Code and Law Enforce-
ment," promulgated on May 28, 1951, established the offices of Sheriff and
Deputy Sheriffs for each District of the Territory and stated their responsibili-
ties for implementing the Judicial Code. Sheriffs are appointed by and are
responsible to the High Commissioner through the Civil Administrators. Their
duties and responsibilities involve law enforcement, acting as head of the police
force and of the territorial prisons and jails, service and execution of processes,
and attendance upon courts. Deputy Sheriffs are appointed by the Civil Ad-
ministrators and, acting under the direction of the Sheriff of the District, assist
him in the execution of his duties.
The completion of the new prisons at Saipan and Koror, as reported last Jails (208).
year, and the continuing improvement of jails throughout the Territory, pro-
vide suitable facilities for prisoners. Th jails are clean, light, and airy with
sufficient area to allow for comfortable movement. The sleeping space per
prisoner averages approximately 600 cubic feet. Adequate provision is made
for the separation of women prisoners. (See Statistical Appendix No. III B.)
Sanitary facilities, typical to the area, are available. Medical facilities of the
Civil Administration Unit are available to the prisoners and periodic medical
inspections of the jails are made and their condition reported to the Civil
Administrator. Basic foods provided are the same as those served in indigenous
messes. Additional foods are made available from prison or Civil Administra-
tion farms or are brought by visiting relatives. Facilities are provided for their
preparation. (See Statistical Appendix No. Ill C.)
Vicious criminal types are almost nonexistent and classification of prisoners (2081.
is not considered necessary. Very few women have been imprisoned, and then
usually for short periods. When imprisoned, women are housed in separate
rooms or buildings.
No prison legislation has been passed during this year. (214).
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Prison Discipline (2161
(210) (211).
(217).
Rehabilitation. of Pris-
oners (208) (217).
Pardon and Parole
(217).
Probation (218).
Prison discipline is not severe; no extreme or unusual punishments are
imposed. Prisoners are expected to perform work in keeping with their physi-
cal condition and ability, regardless of length of sentence or type of crime for
which imprisoned. Prison labor is usually utilized beyond the confines of the
jail and in such tasks as road construction and repair, maintenance of Civil
Administration Units, janitorial duties, and gardening. The prisoners work
eight hours a day except Sunday and although treated with consideration,
receive no direct remuneration. After working hours, if conditions permit,
they may do outside work for pay.
Rehabilitation of prisoners is receiving increasing attention from the Civil
Administration. At present, educational facilities in the form of handicraft,
woodworking, and native crafts are provided and any income den i ved from
this activity is used for the benefit of the prisoners. At Koror, the Education
Department conducts an evening school for the prisoners.
In certain instances prisoners may be pardoned or released by the High
Commissioner prior to the expiration of their sentence. Pardon or parole may
be granted also by the Governor of a Sub-Area in cases of misdemeanor and by
the Civil Administrator of a District in cases where the offense is punishable
by not more than 6 months' imprisonment or $100 fine. The only procedure
required for consideration of a request for pardon or parole is the presentation
of an informal petition. Each case is considered on its merits. In the past,
several cases of parole have been handled and in each case the Civil Administra-
tor concerned took an active interest in procuring the requested consideration.
(See Report on Trust Territory of the Pacific Islands For Year Ending rJune 30,
1950, Documentary Supplement No. III.)
No system of probation is prescribed by law. However, the Civil Adminis-
trator, the District Attorney, and the Municipal Magistrates of the: area in
which the prisoner is granted freedom exercise constant supervision to insure
his good conduct and compliance with any conditions that may have been at-
tached to his release.
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Chapter IV
ECONOMIC ADVANCEMENT
A. Industry, Trade, and Commerce
The economic situation of the Trust Territory has improved considerably General Economic
Situation (35).
during the past year but as yet the primary aim of the Administering Authority
to create a self-sustaining economy is far from fulfillment. The economic
betterment evident during the year has been due mainly to the increased pro-
duction of copra, the main export of the Territory, and the high price which
this commodity brought in the 1950 and early 1951 world market. However,
under the most favorable circumstances the islands can never be rich because
the meagerness of their natural resources precludes anything but a subsistence
economy.
The people themselves lack the training and capital to develop, spon-
taneously, additional sources of revenue and methods of diversifying their
economy. The area is still suffering from the dislocations and destruction of
World War II and rehabilitation continues to be a necessary objective of the
economic policy. The cost of modern administrative and social services, the
introduction of which the Administering Authority considers at this time to
be an important responsibility of its trusteeship, will further retard the reali-
(40).
zation of financial self-sufficiency for many years to come. The continued
efforts of the Administering Authority to diversify the agricultural, industrial,
and commercial life of the area have been assisted by the enthusiastic coop-
eration of the inhabitants.
Economic affairs for the Trust Territory are under the general direction Administration (39).
of the Director of Economics on the staff of the high Commissioner (Interim
Regulation No. 4-48, chs. 2 and 13). Assistance in economic planning is given
also by the Economist employed by the Island Trading Company and by the
Director of Internal Affairs. One officer on the Staff of each Civil Administra-
tor is assigned to the immediate responsibility for the economic welfare of each
District (Interim Regulation No. 4-48, ch. 4). To date the Administering
Authority has not sought assistance from international economic agencies but
has employed many scientific and technical experts. The recommendations
resulting from their investigations have proved of practical value in formu-
lating policies.
The amount of private indigenous capital available to foster economic Capital for Investment
advancement in the Trust Territory is negligible. A few nonindigenons busi-
l3)(39) (57) (111)
ni2).
nesses established prior to the present Administration and registered locally
have investments in the Territory totaling $48,700. This is an increase of
$22,803 over their previous year's investments. Considerable Administration,
funds are spent yearly in research, survey, and experimental projects. During
the past year these amounted to approximately $93,000. The largest amount
of capital for investment, however, is furnished by the Island Trading Com-
pany of Micronesia which to date has set aside $250,000 for subsidies, loans,
and credit to local enterprises. By the close of the fiscal year 1951, more than.
four-fifths of this money had been obligated for specific programs.
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Nonindigenous Economic Nonindigenous private enterprise is permitted in the Territory only to
Activity (41).
perform desirable economic functions beyond the present ability of the people,
and then only under such conditions as will result in maximum benefit to the
(79) (80). inhabitants. Long-term leases and monopolies have been discouraged and
any proposition which might lead to permanent economic activity in the area
(44) (45). by a nonindigenous group has been disapproved. The Island Tradihg Com-
pany of Micronesia cannot be considered a nonindigenous enterprise inasmuch
as it is an Administration-sponsored project and acts as the principal economic
arm of the Trust Territory Government itself.
(41) (42) (112). Nationals of members of the United Nations other than the Administering
Authority are allowed to engage in business in the Trust Territory under the
same conditions which regulate nationals of the Administering Atithority.
At the present time four such licenses have been granted: one to a Russian
restaurant operator on Yap; one to a Czechoslovakian retailer on Ponape; and
two to Belgian wholesalers on Ponape. These foreign nationals have been in
the Trust Territory for many years.
(37). One alien syndicate is engaged in business in the Territory. A ,Japanese
company is working the phosphate deposits on the island of Angatir under
the direction of the Supreme Commander for the Allied Powers and by agree-
ment between SCAP, the High Commissioner of the Trust Territory, and the
indigenous population concerned. Operations are carried on under controlled
conditions which insure the greatest benefits to the Angaurese.
Natural Resources (88). The basic obstacle to immediate development of a self-sufficient economy
in the Trust Territory is the paucity of its natural resources. Years of neglect
and destruction occasioned by war debilitated the resources which did exist so
that even a subsistence economy had ceased to be possible in the islands at the
time of their occupation by the Administering Authority. The dry-land area
itself is minute in relation to the extensive ocean area in which the Territory
Land Distribution, is situated. The following table shows the distribution of types of land:
Conservation Programs
(37) (38) (39) (81)
(82) (245).
Islands
Number of
Islands
Lagoon
Area
Dry-land
Area
Distribution Percenta
,s
Arable
Forest
Pasture
Mine
'al Waste 2
Square miles
Square miles
Percent
Percent
Percent
Percent
Percept
Percent
Marshall Islands
1, 156
4, 506
70
70
5
5
Nil
20
Caroline Islands
963
3, 291
463
Western
28
10
20
40
Eastern
40
20
30
N
I 10
Mariana Islands
22
Nil
154
45
15
20
20
Arable land is that which can be cultivated by local methods.
2
Waste land includes low lands and mangrove swamps, high mountains, and inaccessible areas.
The Administration has consistently sought ways to conserve and develop
the economic potential of the area. Conservation programs are aimed at con-
tinuing productivity of renewable resources and judicious use of nonrenewable
ones, and are in conformance with the recommendations of the Conservation
Committee for Micronesia, an advisory group of scientists organized by the
Pacific Science Board to render technical advice to the High Commissioner.
Development programs are in accordance with the general policy of the Admin-
istration to create a self-sustaining economy and have been aided both tech-
ideally and. financially by the United States Commercial Company, the United
States Geological Survey, the United States Department of Agriculture, the
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Pacific Science Board, the Office of Naval Research, and the Island Trading
Company of Micronesia.
An extensive economic survey of the Trust Territory of the Pacific Islands Surveys (38) (82).
was undertaken by the United States Commercial Company immediately after
the close of World War II. More recent surveys by the United States Geo-
logical Survey have contributed additional essential data on the Northern
Marianas and the Western Carolines for a comprehensive estimate of the situ-
ation. Specific conservation studies have included the findings of a geological
and hydrological survey of Angaur; an ecological survey of Arno Atoll; studies
of soils, erosion, and agricultural pests, and of forest, mineral, and marine
resources. The results of these surveys and of a Territory-wide conservation
study made in 1950 by an expert loaned by the Department of Agriculture
have been implemented by soil management and land reclamation projects;
plans for preservation of native fauna and flora in parks, preserves, and sanc-
(2431.
tuaries ; control of insect pests; protection of ground water in the mining opera-
tions at Angaur (Angaur Phosphate Agreement); and promulgation of
Interim Regulations for the conservation of trochus (No. 2-49) and of fish and
shell fish (No. 3-49), for the control of the weed pest lantana (Lantana Cam-
ara) (No. 3-51), and for the control of fires (No. 5-51).
The conservation program is partly financed by the proceeds of the proc- (82).
essing tax on Angaur phosphate paid into the Trust Territory Treasury and
designated the "Conservation Fund of the Trust Territory of the Pacific
islands." As of June 30, 1951, this fund amounted to $59,150.81.
The Pacific Science Board was established in 1946 as an agency of the Pa8ciri. c Science Board
National Research Council to aid and coordinate scientific investigations in (3
the Pacific area and to advise governmental agencies on scientific matters per-
taining to the Pacific. It has cooperated with the Administration of the Trust
Territory through the Conservation Committee for Micronesia, the Scientific
Investigation of Micronesia program (SIM) , and the Invertebrate Consultants
Committee for the Pacific (ICCP). These programs have involved not only
research but applied aspects of science which are of direct benefit to the island
peoples and their economy. The Board's field program in the Trust Territory
is dependent for its principal financial support on the Office of Naval Research
and for its logistic support on United States Naval facilities. Additional funds
have been contributed by the Viking Fund, the New York Zoological Society,
and private sources.
Since 1947, the Trust Territory research program has involved 107 scien-
tists drawn from 30 universities and institutions, principally in the fields of
anthropology, entomology, and ecology. These specialists have prepared
reports on their investigations and, to date, many of the 50 reports in anthro-
pology, 15 in entomology and conchology, and 12 in other fields, particularly
biology, have been published by museums or in scientific journals.
During the past year the SIM program consisted of an ecological study Sim (38).
of Arno Island in the Marshalls by 10 scientists including a marine ecologist,
vertebrate ecologist, anthropologist, geologist, hydrologist, geographer, botan-
ist, and soils specialist; the bringing of a Yapese to the United States to assist
a linguist in the completion of an orthography of Yap; a forestry survey of
selected high islands in the Territory; a parasitological and an anthropological
survey of Kapingamarangi ; and a nutrition survey of selected high and low
islands of Micronesia. The Arno Atoll study is related to a project of the (16).
South Pacific Commission, the purpose of which is to benefit the economy of
low island inhabitants. Evaluation of the Arno project included symposia
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held in Washington and Honolulu to determine future plans in atoll research
and the preparation of a bibliography on atoll literature.
ICCP 1381. The ICCP program during the same period included procurement of
Scolia wasps and carnivorous snails from East Africa, the former to be '; used
in an effort to control the Mariana beetle (Brontispa Mariana Spaeth) and
the latter to be released on Aguigan Island as potential destroyers of the iant
African Snail; sending of an entomologist to Tinian to conduct a population
'study of the Giant African Snail; continuation of the insect survey of lqicro-
nesia by entomologists collecting on Arno, Yap, Ponape, and islands of the
Northern Marianas; recruitment of an entomologist for ecological study of the
rhinoceros beetle (Oryctes rhinoceros) in the Palaus ; sending of a specialist
on insect pathology to the Palaus"to ascertain the possible susceptibility of the
larva of the rhinoceros beetle to Bacillus Papilliae Maley; and conducting
of a sanitation program in the Palaus to clean up the areas where the beetles
breed (T/Pet. 10/2).
Advisory duties of the Pacific Science Board have consisted of screening
candidates for anthropological advisors in each District of the Trust Terri-
tory and of reviewing and evaluating recommendations and conclusions in the
report of the conservation survey.
Island Trading Company The Island Trading Company of Micronesia (ITC), incorporated in 1947
under the laws of Guam, is the Trust Territory Government-controlled trading
agency in the area. Its objectives are to provide essential imports to, the
people of the Trust' Territory and Markets for their exports; to foster, the
establishment of local business enterprises; and to assist in the development
of industries and new sources of income for the people. All capital stock in
the company is held by the Deputy High Commissioner of the Trust Territory
by virtue of his office and all officers of the company are appointed by him.
All reports are reviewed by the fiscal director of the Navy and the books are
audited by certified public accountants.
(36) (70). The Island Trading Company was originally financed by the Government
of the United States. The original investment had been liquidated and the
company has no outstanding indebtedness beyond normal commercial credit.
The; net profit for the -fiscal year 1951 was $300,017.73. Company earnlngs
are used for the -furtherance of economic development in the area. In
July 1948, a dividend of $100,000 was paid into the Trust Territory Treasury
and expended for economic projects. In M[arcli 1950, ITC established an
Economic Development Economic Development Fund of $100,000 for projects organized either as
Fund, grants or loans to qualified native entrepreneurs or as direct investmends in
Government-operated pilot industries. This fund is administered by the Eco-
nomic Development Board appointed by the High Commissioner from members
of his Staff. During the past year an additional $150,000 was transferred by
ITC to the Economic Development Fund to be used for the purchase of boats
for the Trust Territory.
(39). As of June 30, 1951, $240,950 of the total $250,000 ITC Economic Develop-
ment Fund was obligated for specific established projects. These were:
purchase of two boats for the Territory; purchase of a fishing sampan for
Tinian; building of a marine railway at Truk; typhoon damage loan to
Maloelap, and Aur; purchase of a copra drier for the Metalanini plan-
tation; a poultry project at Truk; coffee and ramie projects on Saipan; a eoir
fiber project at Ponape; duck and bee projects at Majuro; and a cacao project
for the Territory as a whole. In addition to financial help, the Island Trading
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Company gives technical assistance with the economic projects, extends credit
for the purchase of trade goods to native-owned and operated wholesale and
retail stores, and handles exports, including copra, for the indigenes.
The fullest possible development of land resources in the Trust Territory Land Problems 184).
is dependent upon the settlement of laud ownership problems. These prob-
lems, which existed in pre-World War II days as a result of the impact of
alien contacts upon the aboriginal land ownership system, have been further
complicated by the destruction of land records and survey markers during the
war years. In general, the policy is to permit the Micronesians to assert their
own wishes concerning their land and, insofar as is consonant with group
welfare, to attempt to implement these wishes.
The traditional types of land tenure and inheritance laws do not ap-
preciably impede the development of improved methods of agriculture possible
for use in subsistence farming. The land areas suitable for large scale farming (83).
methods are few.
Indigenous inhabitants hold about 250 square miles of the Trust Territory
d (871.
Indigenous-held
land. Most of this is held under the collective system of clan or lineage owner-
Lan
ship, varying in detail in different parts of the Territory, in which individuals
have certain rights of possession and use. In turn, these: rights are subject to
other successive underlying rights vested in the head of the family lineage or
clan or, in some instances, in a High Chief. Ownership of trees and buildings
is often separate from that of the land. Individual private ownership in fee
exists only in certain localities.
The Administering Authority has custody of about 434 square miles, in- Public Domain (87).
eluding public domain and land which had been controlled or owned by the
Japanese Government or its agencies, or by Japanese corporations or private
individuals, and now under cognizance of the Alien Property Custodian. The
public lands taken over from the former administrations are now held for
the benefit of the inhabitants. No additional public land has been acquired
during the past year. Same public lands have been returned to former owners
pending adjudication of titles. During the. past year, the Administration
issued two Land and Claims Regulations (Documentary Supplement No. VII)
which expedite the procedure for effecting the prompt return-to the owners of
public and private lands controlled by the Administering Authority but, no
longer needed for government purposes. The return of the lands is being
carried out by "Title Officers" appointed by the I-Ugh Commissioner for each
District, who are assisted by the Staff and District Anthropologists. The Title
Officers hold public hearings, determine ownership, and execute the release of
the land. Releases of land have already been accom_klished in the Sai,
District. Land title cases are being adjudicated by the District Court which
ac tThicit7Tedges customary usage. Several such eases have been tried using the
modern method of pre-trial conferences (T/Pet. 10/2; T/Pet. 10/6; T/Pet.
10/7).
Land owners who do not regain their previously held land will be allo-
cated appropriate land in other areas. If this arrangement is unsatisfactory
they will be reimbursed and given the opportunity to purchase other lands.
Where privately or publicly owned lands are required for military purposes
the owners will be compensated for the use of the land. No land for military
purposes was acquired during the past year and some lands formerly used for
military purposes have been returned to the owners. Exchange of private
land for public domain will be made where feasible. Some of the public lands
33
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not required by the indigenes nor for military purposes will be used to home-
stead landless persons under a plan that will provide, insofar as practicable,
for future population expansion. A homesteading program has been estab-
lished on Tinian. Remaining public lands will be developed by Government-
Sponsored Projects or under lease arrangements.
Nonindigenous-held Present policy does not permit the acquisition of land by nonindigenous
Land (84) (87). persons or organizations. This has been made a basic policy in accordance with
the obligation of the Administering Authority to "protect the inhabitants
against the loss of their lands" (Trusteeship Agreement, Article 6, 2). Non-
Japanese nonindigenous titles established prior to the trusteeship are recog-
nized. The major claim involving such a title by Belgian nationals, involves
about three square miles on Ponape which was acquired by the claimants over
a period of years prior to World War IT. Another land claim, by an American
citizen, involves a small amount of land on Knsaie. This land also was taken
by the Japanese and no payment made for it.
Population Despite a high density of population on some of the low islands (see Sta-
Pressure (85).
tistical Appendix No. I D) , population at present levels creates few critical
economic problems. In any analysis of the subsistence economy of the Pacific
Islands, population densities should be considered in relationship to lagoon
areas as well as land areas since the inhabitants derive an important part of
their subsistence from lagoon fishing. As population growth creates economic
stress in the future, especially in places where continuing subdivision of family
land will result in too small individual plots, the problem will have to be met
by resettlement on territorial lands. However, the long range plan of the
Administering Authority to accommodate population growth is the extension
of local production potentials rather than the compulsory relocation of the
inhabitants.
Agricullure (97) (98). Agriculture offers the greatest economic possibilities for the people of the
Trust Territory at the present time. Much of the economic assistance given
by the Administration and cooperating agencies is directed toward diversifi-
cation of crops as well as the improvement of those which form the bulk of the
islanders' food supply. The Staff Agriculturist and the Agricultural Agents
travel throughout the ares, giving advice and studying local problems. ',4?H
(96) (37) (39). Clubs have been established in each district. All intermediate schools have
gardens worked by the students, and The School of Agriculture at the Pacific
Islands Teacher Training School operates a model farm where students learn
improved farming praCtices, soil conservation, and selective planting.
The Administration maintains the Trust Territory Agricultural Demon-
stration Station (TTADS) at Ponape for crop testing and propagation and
distribution of basic food plants adapted to the dietary habits of the Micro-
nesians. At the present time emphasis is being placed upon improvement in
low island crops such as taro, yams, bananas? sweet potatoes, and breadfruit.
Saipan has a local agricultural station and has several projects underway to
aid the economic development of the District. During the past year the Saipan
District has converted considerable acreage to farm produce, thus broadening
(1 the economic base (T/Pet. 10/6).
No coercion is used in the promotion of agriculture. Wherever it is iices-
(102).
sary to facilitate and improve agriculture, specialists are made available. Ento-
mologists and malacologrists seek to control the insects and the snails. PJant
diseases are controlled by quarantine regulations approved by the United
States Department of Agriculture.
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Modern methods of land cultivation are practically nonexistent in the Methods o! Land
Territory as limited space and topographic conditions provide few areas Cultivation (99).
suitable for plowing. Conservationists urge that hand methods be retained
because farm machinery would damage the thin, light soil. Land is worked
with hand tools, usually the traditional digging stick, the Okinawan hoe, or
the large metal bush knife. Limited irrigation is practiced.
ProductiVe land that is not producing copra is given over to the grow-
ing of nonexport crops. Foods for a complete and balanced diet can be raised
on most of the high islands. Coffee, sugar, rice, and tobacco also can be grown
in many areas but are now largely imported. During the past year a coffee
project has been started on Saipan where the former Japanese coffee planta-
tions are being cleared and fertilized. Experimental plantings of Solo papaya
and potatoes have been made in various areas and a bee-keeping project has
been established at Majuro. (See Statistical Appendix No. IX A (1).)
Search for export crops is continuing. Ramie is being cultivated on Saipan
and, if successful, cuttings will be distributed. An intensive study of the possi-
bility of growing cacao was undertaken early in 1951. Specialists, on loan from
the Inter-American Institute of Agricultural Sciences, conducted an on-site
survey and inspection of existing cacao trees and potential planting areas and
found that the soil and climate of the Trust Territory are well adapted to
cacao production. A small experimental plot of trees has already been planted
at Saipan and other plantings are to be made at Babelthuap and Ponape
(T/Pet. 10/2).
The chief agricultural product of the Territory continues to be copra
and as war and pest damage to coconut groves is gradually repaired, produc-
tion is increasing. Research on copra production is carried on at Metalanim
in the Ponape District where the prewar coconut plantation is being cleared
and returned to operation.
Copra is the basis of the economy in the major part of the Trust Territory
because it is the main source of funds with which the indigenes can buy
imported merchandise. It is also the economic enterprise which offers the
greatest business experience for the inhabitants. The policy of the Admin-
istration, therefore, is to maintain a reasonably stable buying price for copra
in the field, in spite of extreme fluctuations in the world market, so that there
can be orderly economic development. This policy has been implemented by
stabilizing the price of copra and by making ITC the sole exporter of copra.
Since the beginning of 1950 the Island Trading Company has set aside funds
to use in maintaining the price when markets are low. On July 1, 1950, these
funds were put into a special Copra Stabilization Fund in the treasury of
the Trust Territory and the High Commissioner formally established the
amount of future contributions in the form of taxes. Effective that date, ITC
began paying a 25 percent processing tax to the Trust Territory on all copra
exported, of which 10 percent was deposited in the Copra Stabilization Fund.
On October 1, 1950, this tax was increased to 35 percent of which 15 percent
was deposited in the fund. In addition, ITC, on March 31, 1951, transferred
$100,000 of its surplus funds to the Copra Stabilization Fund. The price paid
to the indigenes for copra was increased $40 per ton during the fiscal year.
Since August 1950, ITC has been, by administrative regulation, the sole
legal exporter of copra from the Territory. Because the increase of the price
of copra on the world market in the summer of that year had attracted private
buyers to the larger, more accessible islands, this decision was deemed desirable
35
Nonexport Crops
(98) (100).
(39).
Export Crops.
Copra (38).
Copra Stabilization
Policy (78).
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in order to maintain a stable price for the commodity and to insure that profits
from copra sales benefited the Territory, This procedure does not, however,
exclude indigenous participation in copra marketing up to the time bf export
from the Territory, and ITC has fostered such participation by appointing
numerous buying agents who procure copra in the field at the established price
scale and concentrate it for shipment.
The copra stabilization policy of the administration proved sourid in the
spring of 1951 when the world market collapsed. Although the price that
ITC received for copra declined $140 per ton, the price paid to producers has
been reduced only $15 per ton. It has been necessary to cease payinents to
the Copra Stabilization Fund and to reduce the processing tax for deposit in
the general fund to 15 percent.
Marine Products (103) Fish from the seas surrounding the islands provide a potentially impor-
(1 04). tent industry but as yet little more than subsistence fishing is conducted. Reef
and lagoon fish can, in most localities, supply all local requirements and pro-
CM. vide limited amounts for export. The Administration has provided vessels and
equipment where needed for subsistence fishing and, also, wherever the inhabi-
tants have indicated a desire to fish commercially. During the past year power
boats were supplied to the people of Kili and Tinian so that they can dO supple-
mental fishing beyond the reefs.- A revived interest in small-scale coinmercial
fishing in. the Palaus has been encouraged, and the Administration has assisted
the venture by providing a boat and transportation of the catch to markets in
Guam (T/Pet. 10/2). A small fishing company in Saipan sells its Catch in
both Saipan and Guam.
(104). The gathering of trochus or Nilotic top shell, which is the only commercial
shellfish in the Territory, provides additional seasonal income to the inhabi-
tants. Several hundred tons of this shell are exported annually for the manu-
facture of buttons and similar items.
(103). A long-term objective of the Administering Authority is to develop a
commercial fishing industry, based primarily on the tuna resource, of the
waters of the area. During the Japanese regime, commercial deep-sea fishing
and processing of tuna were important in the Palaus, Truk, and the Northern
Marianas. Unfortunately, fishing was conducted entirely by Japanese and
Okinawans so that few if any of the islanders acquired knowledge of the
necessary skills and techniques. Reestablishment of the industry willrrequire
large investments of capital, extensive research, and thorough training of
operators. In addition, material support of operations will be difficult in
such relatively remote areas. However, the Administration has recently under-
taken initial steps in the restoration of the industry.
438). A representative of the School of Tropical and Preventive Medicine of
the University of California has begun an ecological survey of poisonous fishes
in the Territorial Waters. Also, during this year, the Trust Territory Adminis-
tration, in cooperation with the United States Fish and Wildlife Service and
the military government authorities in Japan, has been conducting Surveys
into the possibilities of long-line fishing in Pacific waters. Any development
of commercial fishing will be conducted so that it will result in the maximum
ultimate benefit to the inhabitants.
Since livestock in the Pacific Islands was seriously depleted and in bertain
areas virtually eliminated during the war years, one of the greater ecenomic
problems has been that of restoring flocks and herds in the whole area Con-
siderable progress in the distribution of livestock has been made in the last
Livestock (105).
36
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year. Poultry projects, supplied with hatching eggs flown in by Navy planes, (96).
were established at Saipan, Truk, and Ponape. A breeding farm for pure-bred
poultry was set up at Truk and breeding stock from there is now available at
moderate cost to indigenes throughout the Trust Territory. A successful duck-
-breeding project at Majuro is supplying flocks at cost to various atoll councils
in the Marshall Islands. Saipan has procured ducks, geese, chickens, and
turkeys. The School of Agriculture at Truk is training future poultry and
cattle raisers in modern methods of selective breeding.
Since the quantity and quality of cattle in the islands has always been (105).
limited, efforts are continually being expended to improve this condition.
Superior strains of breeding stock, particularly Brahma, have been imported
to build up the quality of existing herds. Animal diseases are controlled by
spraying cattle with DDT, vaccinating hogs against cholera, and exercising (102).
constant vigilance against the outbreak of epidemics. In the Saipan District,
which offers the best conditions for the establishment of a cattle industry, many
pastures have been fenced and the number of cattle has increased from 300 to
SOO in the last four years. The Administration recently conducted an investi-
gation there to determine the possibility of establishing large scale cattle (38).
ranches in the Northern Marianas. Experimental raising of cattle and hogs is
carried on at the Metalanim Plantation at Ponape, thus providing a central dis-
tribution point for the eastern area of the Territory. (See Statisti al Appendix
No. IX A (2).)
Continued importation and redistribution of cattle throughout the islands (100).
will have a beneficial effect on the diet of the inhabitants. At the present time
cattle are seldom slaughtered except to provide food for special feasts. There
is no need for methods of preservation because all the meat is consumed (1061.
immediately.
Forest resources are limited both actually and potentially. The small Forests (91).
coral islands have no forest resources and offer no prospect for development;
the high islands have some limited hardwood stands but only a few species
furnish woods of commercial importance. Certain trees such as the breadfruit
and pandanus are sources of both food and building material. The value of
the coconut tree to the Pacific peoples is inestimable, and the results of its de-
struction by both the devastation of war and insect pests continue to be a serious
problem in many areas. Replanting of hardwood forests, particularly in Sai-
pan, of mangrove trees in Truk, and of coconut trees everywhere is part of the
economic and conservation program for the Territory and it is being carried
out as thoroughly as possible. AS yet no forest laws have been promulgated (90).
because depletion of the timber stands negates any cutting for exports at the
present time. During the fall of 1950, information on the economic potentiali-
ties of the forest resources as a whole was gathered during a survey of the Trust
Territory by a member of the British Colonial Forestry Service.
Minerals are few in number; only phosphate, bauxite, iron, and manganese Minerals (92).
are known to exist in quantity. The mineral deposits of known commercial
value are phosphate on An gaur and bauxite on Babelthua-p. The phosphate is
being worked by Japanese and indigenous labor under an agreement with the
Supreme Commander for the Allied Powers and is exported to Japan for use
in fertilizers. ?
No laws in respect to minerals have been evolved. However, specific agree- (94).
ments have been made with the Angaurese to protect the people and the phos- (93).
phate resources against exploitation. A severance fee of $2 a ton is paid to
37
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the High Commissioner as trustee for the Angaur people and a processing tax
of 15 percent is paid to the Trust Territory Treasury. The severance fees are
held in a trust fund and managed by the trustee in accordance with a trust
agreement subscribed to by the Angaurese. This Trust Agreement prOvides for
the payment of income during the lifetime of all present residents and final
disbursement of residual funds. As of June 30, 1951, the Angaur Mintng Trust
amounted to $370,678.17. To date, $30,000, representing two annual payments,
has been paid the people. Two special funds, one of $50,000 for the develop-
ment of economic projects desired by the Angaurese, and one of $2,000 for
relief of the people in case of catastrophe, have been provided by the Trust.
The processing tax is placed with other Trust Territory funds and used for
conservation projects of benefits to any part of the Trust Territory. At the
1951. present time a hydrologic engineer is employed for the primary task of ob-
serving the effects of phosphate mining on the ground water resources of
Angaur. He is also available, however, for other hydrologic investigations in
the Trust Territory. Restrictions have been established regarding the areas
to be mined and provision made for continuous supervision by competent hy-
drologists to assure that excavation will not damage the underlying fresh water
lens. Certain excavated areas will be back-filled to reestablish planting areas
and to prevent encroachment by salt water.
No large-scale industrial developments are planned for the Trust Territory.
There exist neither the raw materials, the machinery, the technical skills, nor
the skilled labor on which to base such development at this time. However,
light industries are encouraged and assisted by the Administration. (See
(108). Statistical Appendix No. IX C.) The making of handicraft based upOn tradi-
tional local crafts is the most important of these industries. The AdMinistra-
tion is sponsoring a program of standardization of design under the direction
of a handicraft expert and continuing material improvement in the Products
is evident. Handicraft is marketed in Guam, Hawaii, and to some eXtent, in
the United States. Capital for development of the handicraft progr'tm is a
negligible problem since the work is performed by individuals in their homes.
(107). Other industries producing for local consumption consist of small soap
factories on Truk and Ponape, a coffee-processing plant on Saipan, and several
small sawmills. Saipan is more nearly industrialized than any other area in
the Trust Territory. Saipanese shoemakers, blacksmiths, silversmiths, tailors,
seamstresses, machinists, and electricians provide a fairly active home industry
for the island.
Boat building has assumed an important position in the Marshall Islands.
Many individuals and groups of Marshallese have purchased United States
Navy surplus 26-foot whaleboats and 40- and 50-foot motor launches tnd, at
an indigenous operated boatyard, have converted them into trim sailing vessels,
some of which have auxiliary power. These vessels are rapidly becoming the
merchantmen of the Marshalls, transporting a substantial percentage Of pas-
sengers and cargo between the small islands and the central transshipment
points. During the past year more than 100 ex-Navy hulls have been dis-
tributed throughout the Trust Territory and inhabitants of all Districts are
becoming proficient in converting these craft into fishing and cargo vesSels.
The commercial activity of the Trust Territory is built around the Island
Trading Company of Micronesia, the indigenous wholesale trading companies
at the Civil Administration Centers, and the small indigenous trade stores scat-
tered throughout the area. (See Statistical Appendix No. 171.) During the
immediate postwar years there was a great demand for most kinds of consumer
Industry (107) (109).
Commerce (36) (69)
(130).
38
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goods lost or expended during the war. Today the local markets demand con-
stant replacement and supply of the basic types of consumer goods: hand tools,
textiles, minor luxury items, and certain foods such as rice, sugar, canned meat,
and fish. A limited demand for such capital goods as boats and simple
machinery has developed.
ITC purchases trade goods for Trust Territory consumption, freighting Importing
them via Guam or Kwajalein on ships or planes servicing the area. District
warehouses supply local wholesale and retail traders and station vessels make
distribution to outer islands not served by private wholesalers. On islands
where there are no stores, representatives of ITC may sell directly to the
consumers. ITC encourages the export of locally produced goods by pur- Exporting 1701 (71).
chasing handicraft, copra, and other products for resale in outside markets;
by providing centers for collecting, warehousing, and shipping; and by sup-
plying instruction for improvement in quality of products. All purchasing
of trade goods and selling of island products is done in markets where the
best return to the inhabitants results (T/Pet. 10/6).
The Island Trading Company is stimulating local transportation by the Indigenous Shipping
policy of paying an allowance of $2.50 to $7.50 per tort, depending upon the (36) (39) (71).
distance hauled, for copra delivered to ITC warehouses by locally operated
vessels. This is over and above the existing differential of $5 per ton paid
for delivery to ITC warehouses. An added incentive to indigenous Shipping
this past year has been the purchase by ITC of two vessels used for inter-island
transportation. $150,000 of company profits was placed in the Economic
Development Fund for this specific purpose. To date, the auxiliary ketch
Culver of 30 tons and the auxiliary schooner Frela of 100 tons have been
acquired. ITC is now operating these vessels but as soon as indigenous en- (43).
trepeneurs can be found to purchase them and masters and crews can be
trained to sail them they will be turned over to local interests.
During the fiscal year 1951 a net profit of $300,017.73 was earned by ITC. Trade Goods (71).
In the same period, trade goods sold in the several branches amounted to
$1,706,515.10; the cost value of island products purchased amounted to
$1,409,142.09. Of this latter amount, copra represented $1,269,462.59; handi-
craft, $33,581.23; trochus, $82,531.78; other products (fruits, vegetables, fish,
coir fiber, boats, trepang, etc.), $23,563.49. Copra purchases totaled 11;606
short tons at an average cost to ITC of $95.09 per ton for the first half of the
year and 8121.87 per ton for the last half of the year. The price of copra
increased greatly during the first three quarters of the fiscal year and the price
paid by ITC to producers was increased $10 effective on July 29, 1950, $10 on
January 1, 1951, and $20 on February 10, 1951. Collapse of the market caused
the price paid to producers to be reduced $15 per ton effective July 18, 1951
(T/Pet. 10/7).
At the present time the Island Trading Company handles the major part Indigenous Trading
of the import and export trade of the Trust Territory. This situation exists Companies (70).
because it was necessary to create an organization to fill the commercial vacuum
which existed in the Pacific islands at the end of the war. However, private
trading companies, .which eventually will replace ITC, are being established
and their development aided. These companies, now in operation at all the
Civil Administration centers and at Yap and Kwajalein, are assuming an in-
creasing proportion of economic activities in the Trust Territory. In the
interim it has been necessary for ITC to expand its services. On June 1, 1951,
ITC opened a branch on Saipan, the only District Headquarters where it did
not previously operate, in order that greater assistance might be given to the
39
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increasing development of indigenous industry on Saipan. At the close Of this
year when Naval logistic services were withdrawn in the Trust. Territory
incident to the transfer of administration, the Island Trading Company tinder-.
took the supplying and operation of nonindigenous commissaries, hotels, and
messes. ?
Indigenous trading companies operate both wholesale and retail establish-
ments. Most of their trade goods are purchased from the Island Trading
Company stock of more than 700 items although they are free to purchase
where they desire. Most of the retail business of the Territory is carried on
by the small trade stores scattered throughout the area which are owned either
by individuals or communities. Continual effort is being directed tO im-
proving the services offered by these small stores and, as their capital increases
(72). and more transportation i.s provided by indigenous shipping, the distribution
of domestic and imported products will become more effective.
Some of the local stores are community controlled. To some degree they
may be considered as private monopolies in that the Administration tacitly
approves restriction of all trade to these establishments by not allowing Other
Stores to be opened. This action has been tulen to enable small communities
to develop and maintain their own cooperative trade stores without harmful
Indigenous Trading
Companies.
Trade Stores (43).
Monopolies (80).
Corporations (168) (76).
(74).
competition during the formative period of their operation.
It has been found that since few islanders possess sufficient capital to
launch individual businesses, joint-stock companies are the most effective means
for establishing private enterprise. Although these companies are often re-
ferred teas "cooperatives" or "cooperatively owned," these terms are acttially
used to describe a form of joint-stock company in which shares are widely ?held
throughout the area in which they operate. None of these is a true cooPera-
tive in the generally accepted sense. One of the wholesale firms, known aS the
Ponape Cooperative Company, is organized as a normal business corporation
except for limitations on ownership and transfer of stock and for a provision
that eac' h stockholder shall have but one vote regardless of the amount of his
stockholding. A few small cooperatives for the marketing of produce have
been set up in the Northern Marianas.
Private corporations operating in the Trust Territory are as follows:
Firm
Operating
Capital
Type of Business
Incorporated under faits of?
Northern Marianas Develop-
ment Co.
813,303
Copra production and
general trading.
Trust Territory.
Saipan Fishing Co.
5, 000
Fishing and trading_ __ _
Do.
Saipan Importers, Inc.
48, 042
General trading
Do.
Wes tern Carolines Trading Co. _
42, 740
do
Do.
Yap Trading Co.*1
do
Do.
Truk Trading Co.
138,431
_do
Do.
Ponape Cooperative Co
40, 370
_do
Do.
Marshall Islands Importing &
do
Do.
Exporting Co .*1
Majuro Trading Association,
44, 000
do
Do.
Inc.*
Kwajalein Importing & Trad-
ing Co.*
20, 000
do
Do.
Bordallo, Inc.
(2)
Shipping
Guam.
Flores Bros., Ine.
(2)
do
Do.
Mid-Pacific, Inc.
(2)
do
Do.
*Established during the past year.
40
1 Current figures not available.
2 Not available.
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No income or property taxes are presently being levied by the Trust Terri-
tory Government. Indirect taxes are paid as applicable to merchandise
handled. The Island Trading Company, for example, pays taxes on copra,
trochus, and luxury items as required.
The following firms have done business of a. temporary nature in the
Territory during the past year:
Finn
Typo of Business
Incorporated under laws of--
Japanese Phosphate Co. of Angaur
Byrne Organization_
Brown Pacific Maxon
Car-Mar Trading Co., Ltd.
Massey Supply Co
Nippon Suisau Kaisha
Mining
Construction_
do
Scrap removal
do
Ship salvage
Japan.
U. S. Navy NoY 13950.
U. S. Navy NoY 13931.
Territory of Hawaii.
U. S. Navy NoY 13931.
Japan.
The Trust Territory does not form a part of a customs union with the Customs and Tariffs (66)
United States nor have any formal customs or trade agreements been negoti-
(67) (68) (77).
ated with other countries. Products of the territory are presently subject to
the same customs duties by the United States as products of other foreign
countries; exports from all countries to the Territory are free of import con-
trols. United States export controls were lifted as of June 28, 1948. (See
Interim Regulation No. 8-48.) No formal international agreements with
respect to trade have been entered into during the past year.
No import or export licenses are required in the Trust Territory except
in the case of establishments reexporting items from the United States or its
possessions which are subject to United States export controls, and in the case
of articles subject to quarantine regulations. Persons lawfully engaged in
retail trade are authorized to import for their own use or for sale in their own
businesses without further licenses. Substantial amounts of goods for private
use are imported from mail-order houses in the United States without license.
The Navy has provided transportation of commercial freight in Naval yes- Subsidies (77).
sels between Guam and each Civil Administration Unit, and between Civil Ad-
ministration Centers and outlying islands, at $0.0075 per short ton per sea mile.
This rate includes stevedoring, except at Guam and Saipan. Since it does not
represent the actual shipping cost, it may be considered a partial subsidy. In
addition, the differential in the purchase price of copra maintained by the
Island Trading Company acts as a promotional subsidy to indigenous shipping.
B. Transport, Communication, and Public Works
Transportation and communication services in the immense area of the
Pacific in which the Trust Territory is located necessarily constitute a basic
problem in the administration of the area. The United States Navy controls
such facilities, except native small boat shipping, and has made them available
to the inhabitants wherever feasible. There is no tourist traffic at present and
none is expected to develop in the foreseeable future.
Air transportation is essential to effective administration of the Territory.
The bulk of passenger and mail traffic, as well as a considerable portion of
cargo, is carried by Naval planes between the main centers of the area. The
planes fly on weekly schedules out of Guam and Kwajalein to the various Dis-
trict Administrative Headquarters. Seaplanes are especially suitable for use at
41
General Situation (113)
(114) (110).
Air Transport (113g, h)
(114).
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atolls where lagoons provide adequate landing areas. Water landings are made
at Yap, Koror, and Ponape; airfields provide landing areas at Guam, iSaipan,
Tinian, Truk, Majuro, and Kwajalein. There are no civil airfields in the Tern-
tory; those fields which are in use are either of prewar Japanese construction
or were built, by American forces after their occupation of the area. However,
the operation of aircraft and airfields in the Trust Territory generally con-
forms to civil aeronautic regulations.
Sea Transport (1130 The Navy provides ship transportation between the Trust Territery and
external points through Guam on a regular schedule. Commercial shipping
is available between the United States, the Hawaiian Islands, and Guatn. The
only ships which make regular calls within the Territory are Naval vessels.
At least once every three months these vessels call at the Civil Administration
Centers and the outlying islands, delivering mail, parcel post, and freight, and
collecting copra, handicraft, trochus Shell, and agricultural products. These
ships provide transportation to Civil Administration personnel on their regular
inspection tours to the outer islands and also maintain passenger service for
the islanders. Port facilities are almost entirely lacking except at Administra-
tion Centers. At other ports of call, ships must frequently anchor within the
lagoon or lie outside the reefs and small boats must be used for lightering
ashore. There are no inland waterways in the area other than navigable
lagoons.
Control of Shipping A limited amount of shipping is operated by indigenes on locally granted
(1141.
permits. A number of sailing craft work among the islands and atolls of the
Marshalls and this service is gradually being established in other areas. Per-
mission for aliens to operate shipping facilities must be obtained frtom the
High Commissioner. At the present time nonindigenes operate a few small
shipping lines servicing Guam and the Northern Marianas. Regulations for
the control of shipping are set forth in Interim Regulation No. 7-51, Promul-
gated during the past year.
The roads throughout the Trust Territory vary as to type and state of
repair. Those at Saipan, Tinian, Peleliu, Angaur, and Kwajalein were con-
structed of asphalt by the military during World War II and have reinainecl
in good condition; those at Koror, Truk, Ponape, and Majuro are built of
crushed coral and require constant maintenance. At the present time the roads
at Koror are undergoing extensive reconstruction. The islanders use an exten-
sive network of foot trails which connect adjacent settlements. There are
no railroad facilities.
United States Navy post offices are operated at all Administration centers.
Air and sea postal service is provided by the Administration. Air-mail service
is available to Civil Administration Centers weekly and mail for remote islands
is carried by the field trip vessels on their periodic visits. Telephonic service
is available without cost at each District Headquarters to Administration per-
sonnel and to native officials except at Saipan where the system is operated by
the municipality and the Administration pays for the use of the service; The
Administration uses the world-wide facilities of the Naval Communications
system for the transmission of messages. Each District Center operates a radio
station and maintains regular schedules with Guam and Kwajalein.! This
,facility is available for the transmission of personal messages by all inhabitants
of the Trust Territory.
Meteorological services are provided locally at Saipan, Yap, Koror, Truk,
Ponape, and Majuro, and by the Naval facilities at Guam and K-wajalein.
Roads (113e, f).
Communications (113a,
13, c, dl (114).
Meteorological Services
(1130.
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During the fiscal year 1951 a total of $486,504 was appropriated for theJ.11,61i)c.Works (113)
maintenance and upkeep of Civil Administration units, including public build-
ings and the land transportation system. In addition to the maintenance
appropriation, a total of $266,725 was granted for the construction of special
public works projects.
Special projects completed during this reporting period were consolida-
tion of Civil Administration facilities at Saipan; constructon of a deep water
pier at Majuro; construction of a native village at Ebeye.
The following special projects have been undertaken and financed since
1 July 1950 and will be completed by the fall of 1951:
Consolidation of facilities, Koror
$47,
000.
00
Rehabilitation of roads, Koror
10,
000.
00
Reconstruction of dam, Koror
20,
000.
00
Overhaul of power plant, Koror
5,
200.
00
Repair of dispensary, Koror
6,
050.
00
Rehabilitation of reservoir, Koror
3,
000,
00
Installation of new telephone system, Koror
10,
000.
00
Renewal of fire-fighting equipment, Majuro
2,
000.
00
Rewiring of 55 administration buildings, Majuro
17,
500.
00
Repair of roads, Majuro
5,
330.
00
Construction and equipment of radio buildings, Majuro_
32,
700.
00
Repair of draining system, Majuro
7,
500.
00
Construction of dispensary, Majuro
23,
000.
00
Construction of tuberculosis ward, Ponape
4,
800.
00
Rehabilitation of electrical system, Ponape
65,000.
00
Repair and alteration of water system, Truk
Total cost of special projects?
7,
645.
00
966,
725.
00
All these projects contribute to the general welfare of the people.
C. Public Finance, Money, and Banking
The ordinary and extraordinary expenses of administering the Trust Terri- Appropriation of Funds
tory are met by appropriation of funds by the Administering Authority through (48) (50).
the Department of the Navy and by funds derived from local revenues.
The amount of the funds appropriated is ascertained by making a thorough Budget (49).
study of expenditures for previous years, of estimates submitted by the indi-
vidual Civil Administration Units, and of future programs proposed by the
various Staff Administrative Divisions. Based on past experience and current
trends, an estimate of local revenue is made and included in the over-all budget.
The funds necessary to supplement the local revenue are requested by the High
Commissioner and included by the Department of the Navy as a part of the
request for appropriations under United States budgetary procedures and are
ultimately appropriated by the United States Congress. There have been
funds advanced by the High Commissioner for two projects which might be Grants (51).
considered grants-in-aid. The first of these involved the construction of a model
native village on the island of Ebeye in Kwajalein Atoll, for which more than
$15,000 was granted during fiscal 1950 and an additional $22,300 during the
past year. The $15,000 previously granted to the Civil Administration Repre-
sentative at Kwajalein to finance the local Marshallese boat-building com-
pany was increased by a grant of $2,600 to move the boat yard from Kwajalein
to Majuro. The amounts of local revenue, funds available for expenditure, and
actual expenditures for the fiscal years 1948, 1949, 1950, and 1951 are shown in
Statistical Appendix No. IV.
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Sources of Local The principal sources of local government revenue are taxes, license tees,
Revenue (48).
and court fines and fees. The following specific items accrue to the focal
municipal treasuries:
(1) Head tax ($2 per annum) .
(2) Business licenses fees.
(3) Sales taxes on luxury items.
(4) Property taxes.
(5) Utility fees and service charges on municipally owned property.
The principal items of local municipal expenses are the salaries of munici-
pal officials and the maintenance of municipal buildings, roads, walks, bridges,
and wharves. Often local revenue is insufficient to meet these expenses ;and
the Civil Administrator may, at his discretion, grant financial assistance to Meet
the deficit. Much of the assistance needed is for the support of elementary
schools. Two districts, Truk and Ponape, have solved this problem by the
imposition of a local tax on cigarettes.
The principal items of government expenditure and the amount of both
revenue and expenditure are detailed in the budget for the past year and are
189). included in Statistical Appendix No. IV. There is no public nor rural, in-
debtedness in the Trust Territory.
Capital Position of As of June 30, 1951, the funds in; the Treasury of the Trust Territory
Territory (52). amounted to $204,054,24 in cash and $337,550.30 in securities (cost) . In addi-
tion to these moneys, the Angaur Mining Trust amounted to $76,326.75 in
cash and $294,351.42 in securities (cost) . This is a considerable increase in
the capital position of the Trust Territory since the close of the last fiscal year
(46). when corresponding figures were $121,411.84 for cash on hand and $176,465.57
for trust funds. As yet no national income estimates are available.
The Trust Territory has no separate currency system. Financial dealings
among the- indigenes themselves may be carried on according to their custOrns,
but United States currency is the only official medium of exchange. TherefOre,
no laws and regulations governing currency and exchange are necessary. The
(55). amount of United States currency in circulation amounted to $1,120,000, on
June 30, 1951.
Banks (53)(56) (79). Prior to June 1950 the only banking establishment in the Trust Territory
was the Saipan branch of the Bank of Guam, which was owned and controlled
by the Government of Guam. Coincidental with the transfer of administrative
responsibility for the government of Guam from the Department of the Navy
to the Department of the Interior, the Bank of Guam was liquidated and a
Guam branch of the Bank of America National Trust & Savings Association
of San Francisco was opened. This organization also took over the Bank of
Guam's Saipan branch. Since January 1, 1951, banking facilities for the
inhabitants in areas other than Saipan have been made available by the Island
Trading Company in order to promote thrift and provide for the safeguarding
of funds. ITC's banks accept deposits of money from all inhabitants includlng
businesses and organized groups in the Territory. Interest is paid at the rate
of one percent per annum computed semiannually. As of June 30, 1951, p4,-
(55). 416.66 had been deposited at the various ITC branches. ITC also has been
given permission to issue bank drafts in lieu of postal money orders at Yap
where no postal money service is available.
Credit (53) (57) (89). The present credit needs of the Trust Territory are minimal. The Island
Trading Company through its normal operations provides merchandise credit
to meet the needs of wholesale and retail merchants. The ITC EconoMic
Local Expenses
Currency (53).
(54) (58).
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Development Fund provides capital loans for approved new commercial and
industrial ventures.
Plans for the reimbursement of the people of the Trust Territory for yen Currency Claims.
which were held prior to the occupation of the islands have been under study
during the past year and a survey made by the High Commissioner of all claims
for yen. Arrangements for the settlement of the postal savings claims and
other types of claims are under active consideration (T/Pet. 10/2; T/Pet. 10/6;
T/Pet. 10/7).
D. Taxation
There are two tax systems applied in the Trust Territory: Trust Territory Tax Systems (591.
taxes and municipal taxes.
Trust Territory taxes are levied and expended by the High Commissioner Trust Territory Taxes.
of the Trust Territory of the Pacific Islands, and except for the phosphate
processing tax and the head tax, are collected by the Civil Administrators for
transfer to the Treasurer of the Trust Territory. These taxes are:
(1) Internal Revenue Taxes : Internal Revenue Taxes.
(a) Twenty-five (25) percent ad valorem on cosmetics, face powders,
and perfume.
(b) Twenty (20) cents per carton on cigarettes.
(c) Twenty (20) percent ad valorem on cigars and other tobaccos.
No article on which a United States, Guamanian, Bonin Is-
land, or Trust Territory internal revenue tax has been paid is
subject to further internal revenue tax. It should be noted that Import Duties (195).
no internal revenue taxes are levied on alcoholic beverages be-
cause the importation of such beverages is not allowed except
to Saipan where beer may be imported.
(2) Processing tax of fifteen (15) percent ad valorem, on all copra sold in Indirect Taxes (65).
or exported from the Trust Territory.
(3) Processing tax of fifteen (15) percent ad valorem, on all phosphate
processed. This is paid to the High Commissioner by the Department of the
Army (SCAP).
(4) Head tax of two (2) dollars from each male resident between the ages
of 18 and 60 inclusive. This tax, although imposed by the Administration,
is collected and expended by the municipalities.
Municipal taxes are levied and expended by each municipality under the Municipal Taxes.
supervision of the Civil Administration. They are:
(1) License fees for businesses carried on wholly within the municipality.
(2) Sales taxes on luxuries sold at retail within the municipality.
(3) Property taxes on property within the municipality. Movable prop-
erty may be subject to property tax only in the municipality where it
is normally kept.
(4) Fees for private use of municipal property, services, and facilities.
Each municipality determines, subject to the approval of the Civil MI.
Administration:
(1) What items, if any, are subject to the sales taxes on luxuries and the
rate of such taxes. No tax may be imposed on the necessities of life.
(2) What fees, if any, are charged for private use of municipal property,
services, or facilities.
(3) The classes of property, if any, subject to property taxes and the rate
of such tax. For example, power boats, canoes, bicycles, trucks, livestock, and
dogs are some of the classes taxed by municipalities.
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(63).
iN o portion of the municipal taxes is handed over to tribal authorities or
communities in the nature of tribute. Municipal officials, including school
teachers, are paid, in most instances, from tax income derived within their own
municipalities. Some persons who are chiefs are employed by the adminis-
tration but no one receives payment simply because he is a chief.
Tribal Obligations (59). The municipal taxes are in addition and entirely separate from any tribal
or clan property obligations which, paid under established native custom,
may bear some similarity to a tax. Customary exaction of tribute by chiefs
(64). or headmen is permitted, but it is handled by the inhabitants themselves and
is separate and distinct from government taxes. This tribute, representing,
for example, a share of copra production, the first fruits of harvest or the
the first catch of fish, is in recognition of the Chief's or headman's hereditary
claim to the land.
Direct Taxes (60). Direct taxes consist of the head tax and the four categories of naunidipal
(61). taxes. They are paid individually in money and are applicable to all indige-
nous inhabitants of any given municipality without distinction. Only ; the
head tax is the same in all areas; other direct taxes vary with the economic
status of the municipalities. (See Statistical. Appendix No. V.) Taxes 1 re-
maining unpaid for 30 days or more after they fall due bear interest at 6 percent
per annum until paid.
Application of Tax Laws Tax laws are applied indiscriminately to all permanent residents of the
(60). Trust Territory and all persons engaged in business therein. Foreign , in-
dividuals or companies are not subject to special tax measures other than those
applicable to nationals of the Administering Authority. Administrative ap-
peal is by petition through administrative channels; judicial rights of appeal are
in accordance with general court procedures.
(61). If it is determined by the proper authorities that payment in money of
(6Z.
the tax levied would cause undue hardship to an individual, he may work
off his tax by labor at rates currently established by the Civil Administration.
There are no data available regarding the number of individuals who work off
their taxes.
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Chapter V
SOCIAL ADVANCEMENT
A. Social Welfare and Social Security
The Administering Authority is carrying out continually expanding pro-
grams for the development of self-government, economic self-sufficiency, medi-
cal care and education, all aimed at the improvement of social conditions.
These, together with the customs of the local social systems, provide the neces-
sary guaranties for social welfare and social security.
Primarily the social welfare of the people is assured by the system of
relationships which exist within their society. Ties of family, clan, neighbor-
hood, and tradition link the people in complex relationships in which every
individual is assured of assistance when needed. The care of widows, orphans,
and abandoned children, the poor, the ill, and all unfortunate people is the
accepted responsibility of the indigenous society. Such a social system has
removed fear of individual want or incapacity. To this indigenous pattern of
security and always within the bounds of native custom, the Administration
has added the knowledge and facilities of modern science (T/Pet. 10/7).
The basic social customs and conditions are under continuous review.
Working most closely with the problem is the Staff Anthropologist, who is sta-
tioned at Field Headquarters, and four additional anthropologists, one of whom
is attached to each Civil Administration Unit except Saipan. The Civil Ad-
ministrator and the Internal Affairs Officer in each District have the immediate
responsibility for the social welfare of the people. They are advised by the
anthropologist whose duties consist of fact finding on specific current problems,
translations, interpretation, and codification of indigenous laws and customs,
studies of land use, investigation of claims, and recommendations for education
programs.
During the past year new social legislation has been promulgated, directed
toward settlement of the land problem (Land and Claims Regulations No. 1 and
No. 2 ; Documentary Supplement No. VII), regulation of the care and disposi-
tion of those suffering from leprosy (Health Department Order No. 1-51),
scheduling pay and allowances for Public Health Department employees
(Health Department Order No. 92-51; Documentary Supplement No. VI), regu-
lation of divorce, annulment, and adoption (Interim Regulation No. 1-51).
New Interim Regulations on criminal procedure and the judicial code and law
enforcement established the specific rights of the people when in conflict with
the law (No. ?51 and No. 8-51).
Funds for social welfare are provided by the Administering Authority and
amount to a high percentage of the appropriation. The total revenue col-
lected by the municipalities is barely sufficient to pay the salaries of indigenous
administrators. Local funds over and above administrative expenses are
administered by the municipal governments for their own welfare. The Admin-
istration has not asked the people of any locality for voluntary contributions
on behalf of their welfare program. Assistance in social work is given the
47
General Program (118).
Indigenous Social Sys-
tem (121) (198)
(202) (200).
(197).
Administration (117)
(245).
(200).
New Legislation (199).
Funds (117).
(119).
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Assistance (142) (118) Administration by the American Board of Commissioners for Foreign Missions
(201).
and the National Catholic Welfare Conference through their misSionaries.
The American Red Cross and the Junior Red Cross have contributed educa-
tional material for the schools and Christmas gifts for the children
(136). The benefits of the Administration social welfare program are available to
all. The provision in the Bill of Rights which states that there shall be no
discrimination on account of sex, race, or religion in the Trust Territory is as
scrupulously observed in welfare measures as it is in political and judicial
affairs.
Position of Women The Administering Authority recognizes the equality of women in all mat-
ters but makes no attempt to impose this arbitrarily. There is no written law
regarding the legal capacity of women other than the Bill of Rights, but in
practice no occasion has arisen which would make a ruling on this necessary.
The Administration recognizes no occupational barriers or legal restrictions
against the employment of women because of their sex and they rece've equal
(132). pay for equal work. By local custom women do not usually engage in certain
activities in the community life such as fishing and boatbuilding which are con-
sidered men's jobs. Women are not discriminated against educationally and
they have eagerly sought the chance for selection and training for goVernment
(26). service in nursing and teaching. (See pp. 64, 68, and 70.) Women have equal
(135). voting rights and are demonstrating an increasing desire to participate in the
management of local affairs. The Administering Authority encourages such
participation (T/Pet. 10/3).
Freedom of Religion Full freedom of thought and conscience and free exercise of religiOus wor-
(141).
ship and instruction are guaranteed to all people. The majority of the inhabi-
(121). tants of the Trust Territory are adherents of some form of Christian religion,
and there are many indigenous pastors. Catholic and Protestant churehes and
schools are located throughout the area and are free of any regulations by the
(143). Administration except in regard to curriculum standards. IndigenOus reli-
gions, which for the most part are primitive island faiths, are extant in certain
areas, mainly Yap and the Palaus. Few of the aboriginal beliefs which could
be detrimental to the social objectives of the Administration remain, and no
measures have been taken either to curb or to promote ancient religions prac-
tices. There are approximately 63 nonindigenous missionaries distributed
Missionaries (142). throughout the Trust Territory. The American Board of Commissioners for
Foreign Missions and the Society of Jesus represent the predominant Mission
groups. The majority of these missionaries have been assigned from the ',United
States; a small group of German missionaries in the Caroline Islands and a
few Spanish missionaries in the Carolines and Marianas remain from an earlier
era.
Freedom of the Press
(137) (139) (238).
(138).
(148).
Freedom of the press is guaranteed by the Bill of Rights. News bulletins,
mimeographed and distributed at some of the Civil Administration Units, have
a limited circulation in the native communities adjacent to the District head-
quarters. The Micronesian Educational Association, the Pacific 41ands
Teacher Training School, and the intermediate. schools issue publications of
interest both to educators and the local inhabitants. One newspaper, edited
and published by a resident of Saipan, with a moderate circulation in the
Marianas, does not exert any great influence on public opinion. The Admin-
istration places no restrictions on the rights of nonindigenes who may be
authorized to visit or work in the area to write and publish material for dis-
semination abroad.
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No slavery nor any practices akin to slavery exist in the Trust Territory.
Restrictions on the personal freedom of the inhabitants have been made only
in the case of medical quarantines or in proper criminal proceedings against
The inhabitants of the Trust Territory are guaranteed freedom of migra-
tion and movement within the Territory subject only to the requirements of
public order and security (Trusteeship Agreement, Article 7, and Interim Regu-
lation No. 6-51) and to the availability of transportation. Because of the inter-
relationships of these people there is no vagrancy problem and therefore
vagrancy is not a penal offense. Emigration to Guam is permitted if the
individual is financially able to undertake the journey and if definite employ-
ment awaits him there (T/Pet. 10/2). Emigration to any country is allowed
under existing immigration regulations of that country.
The slight displacement of population within the Territory is not sufficient
to create lasting social and economic consequences. The voluntary movement
of a limited number of Saipanese to the islands of Agrihan and Alamagan has
aided the economic advancement of the Saipan District, and the adjustment
of these people to an agricultural mode of life has, with the assistance of the
Administration, progressed satisfactorily.
The ex-Bikini people, who were settled on Kili in 1948, are gradually
adjusting themselves, both psychologically and economically, to their new
home. During the past year the Administration has given them a deed in
perpetuity to Kill, has provided them with a new boat to replace the one
destroyed by a storm, and has transferred to their ownership two islands
within the nearby lagoon of Jaluit where they may establish warehouses for
their copra and trade goods. The Administration watches the situation at Kili
carefully and assists the people with their economic and cultural problems.
No difficulties have arisen in the adjustment of the Eniwetok people to
life on Ujelang. This island, like Kili, had been used by both the Germans
and the Japanese as a copra plantation and therefore was public domain. The
economic possibilities of Ujelang are similar to those of Eniwetok and the
people are well content with the island.
Problems such as arise from the return of ex-service men and women or
from immigration do not exist in the Trust Territory. There are no ex-service
personnel and, in the interest of the indigenous inhabitants, immigration to
the Territory is by special permission of the High Commissioner. The vast-
ness of the area and the very limited transportation facilities minimizes the
possibility of illegal entry into the area. Control of immigration into the
Territory applies equally to all members of the 'United Nations including the
United States. At the present time, the possibility of the return of former
Japanese residents to the Trust Territory is being considered by the Adminis-
tration. Complete figures of the number desiring to return are not available
as yet (T/Pet. 10/2).
At the present time a plan to allow 87 citizens of the Trust Territory of
Nauru to visit relatives in the Marshall and Caroline Islands is pending. The
request for the visit was presented as a petition by the Nauruans to the United
Nations Visiting Mission to the Trust Territories in the Pacific in the spring
of 1950. Eighty of the petitioners wish to remain for one year; seven have
asked to stay in the Marshall Islands permanently. The Administering
Authority of the Trust Territory of the Pacific Islands has already signified
its willingness to facilitate the visit provided that certain stipulations are met.
49
0300013-8
Slavery (122).
Personal Freedom (123)
(147).
Freedom of Migration
and Movement (124)
(128).
Displacement of
Population (125).
Immigration (120)
(240).
(126)(127).
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These include proof of good health, financial independence, and aCceptance
by their relatives as guests or permanent residents. The _Administration is
contacting the relatives of the Nauruans in the Marshal's and Carolines and
as soon as their acquiescence is obtained, the Administering Authority of Nauru
will be so informed.
Living conditions are continually being improved although no legislation
affecting housing or town planning has been enacted during the year. 'Housing
(203). in the more populous areas is undergoing a change with homes of thatch con-
struction gradually being superseded by those of frame and corrugated iron,
patterned after small Western-style dwellings. Progress in the building of
this type of home has been hampered, however, by lack of material. In the
one mining area in the Territory, on A.ngaur, the Japanese workers are housed
in barracks. At the Metalanim coconut plantation in the Ponape District,
which is the only plantation operated as an indigenous commercial unit in the
area, housing in barracks or Western-style dwellings is provided for the
workers.
(205). The Civil Administration has assisted in improvement of housing by
making available surplus materials and war-generated building scrap, and by
reestablishing sawmills at Koror, Truk, and Ponape for the production of
lumber from local timber. The Island Trading Company stocks baSie hand
tools, nails, screening, paint, and other building accessories for sale to local
inhabitants at reasonable prices. All types of houses are being made more
healthful through native concurrence with the advice of Civil Administration
Public Works Officers that they be elevated above the ground and screened,
(203). that drainage facilities be constructed, and that land around homesites be
cleared. (See Statistical Appendix No. VIII.)
Town planning projects include the establishment of a model village near
the Civil Administration Headquarters on Moen Island in the Truk District.
A complete community of dwellings, public buildings, water catchments, taro
pit, and sewage and drainage facilities has been constructed beside the Sheltered
lagoon on Ebeye Island of Kwajalein Atoll to house the Marshallese ,workers
employed on Kwajalein Island. Transportation to and from Kwaialein is
provided the workers.
Considerable improvement of public utilities has been accomplished during
the past year as part of the public works projects. No charge is Made for
these utilities except at Saipan where the Administration makes a nominal
charge to the municipality for water and electricity. The Saipanese economic
situation is such that the people are financially able to pay for these services.
Cement has been made available to the Saipanese for cistern construction and
repairs at individual home sites (T/Pet. 10/6).
Since a money economy is not the prevailing condition of life in the Terri-
tory at the present time, it has not been deemed practicable to conduct cost-of-
living surveys or family living studies, or to prepare and publish cost of living
indices. (See Statistical Appendix No. XI.) However, the newly appointed
Island Trading Company Economist recently made a survey of the Territory
and the results of his study, when available in the near future, will give some
indication of the correlation of the economic situation with wages and the cost
and standard of living.
The standard of living varies from one part of the Territory to another.
The over-all picture is one of continuing improvement in proportioui to de-
velopment in fields of economy, health, and education. The principal eco-
Housing (204).
Town Planning (206).
Cost of Living (129).
Standard of Living (47)
(131).
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nomic achievement of the Territory has been an increase in the amount at
income which the inhabitants can realize from their own efforts. There are
no longer large numbers of nonindigenous persons using the major portion
of the local resources. This fact, together with better education and improved
health, has materially improved their way of life so that, at the present time,
the islanders are enjoying better living conditions than they have ever known
before.
B. Labor
Problems of labor and of working conditions as they exist in the modern General situation.
industrial society are unknown in the Trust Territory of the Pacific Islands.
In a subsistence economy such as the islands have, all but a few of the people (1491.
are engaged in farming and fishing. Approximately 5,000 persons are gain-
fully employed for wages. Of this number about one-third work for the
Civil Administration Units; the balance engage in light business enterprises,
copra gathering, handicraft making, or in public works construction or salvage
operations for the military or civilian contractors. Working conditions are
uniformly good, and, as in all aspects of social welfare, the benefits of the
indigenous social system and of the Civil Administration program are available
to all. (See Statistical Appendices No. II B and No. X A.)
The Director of Economics on the Staff of the High Commissioner has Administration (152).
cognizance of labor, wages, and associated functions. In the Civil Adminis-
tration Units the Economics Officer is responsible for labor affairs. In addi-
tion to handling the general details of labor administration, all requests and
applications for work with the Administration are screened in his office. On
the basis of recommendations, interviews, and demonstrations of qualifications, (156).
indigenous laborers are classified according to the type of work they prefer (151m).
and which they are qualified to perform. Vocational training is given by
the schools and supplemented by in-service training.
It is the practice of the Administration to employ nonindigenous personnel,
other than Naval personnel, only when the necessary professional or technical
knowledge and experience cannot be found among the indigenes. The ex-- (152).
penses in connection with labor functions are met by general administration
funds.
Fundamental legislation controlling labor in the Trust Territory is stated Labor Legislation (151).
in Interim Regulation No. 4-48, Chapter 5 (Bill of Rights) and Chapter 13
(Economic Controls) . These laws, while not extensive and of a general nature,
have to date proved adequate because of the small amount of industrial em-
ployment within the Trust Territory and the lack of any large industry con-
trolled by indigenes or a government agency. The Administration itself is by
far the largest employer of labor on regular salaries; consequently, it has been
possible to regulate labor relations satisfactorily by administrative action
alone. This would be totally inadequate in a more complex society or in
one more highly organized industrially. The policy of equal remuneration Equal Pay (165) (166)
for work of equal value in a District applies to all indigenes regardless of sex, (167).
race, nationality, religion, or tribal association. Indebtedness among wage
earners does not represent a serious problem. (See Statistical Appendix No.
X A (3) .)
Work hours, rest periods, and holidays are generally controlled by estab- Working Conditions
fished native customs; government employment is based on a 40-hour week, (151d, e, f, g).
work hours being adjusted where necessary to conform with native customs.
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Health and sanitary conditions of employment are an integral part Of the
Administration's health program. No medical inspection is required in con-
nection with employment other than the inspection of food handlers as part
of the health program. In general, employees of the Administration enjoy
better living and health conditions than they experience in their home
environment.
Employees of the United States Government, including those indigenous
to the Trust Territory, are entitled to the benefits of the United States Em-
ployees' Compensation Act of September 7, 1916, as amended.
Contracts for employment of nonindigenes are of one-year duration with
the option of retention and carry only a civil obligation. No sanctious are
applied. If nonindigenous personnel are brought from the United states
they are paid according to the standards of compensation in that countr plus
any overseas differential customary and prevailing.
Labor Problems (154). Labor problems which are not covered by legislation are solved by certain
policies which the Civil Administration has adopted. To reduce absenteeism
and raise the efficiency standard of island employees, the Administration directs
the workers' attention to the responsibilities they assume upon accepting em-
ployment; has established a system of rotation for workers to allow time for
the harvesting of food supplies; has adopted a wage scale which rewards Punc-
tuality and the progressive development of skills; presents opportunities to
develop skills through on-the-job training and provides opportunities to
progress to higher job classifications on the basis of a merit system. StUdies
of labor problems and standards are constantly in progress at the various Civil
Administration Units.
Industrial relations have never been a problem. Freedom of association
and of petition to the government are guaranteed by the Bill of RightS and
the need for further formalization of these procedures or for formulating
(155). conciliation or arbitration laws has not yet arisen. Trade-unions, although not
prohibited, are nonexistent. Because of the predominately nonindustrial
character of the area, the need for trade-unions, collective-bargaining processes,
(153). and the right to strike has not become evident. No employers or emplOyees
were charged with or convicted of any offense against existing legislation dur-
ing the past year.
Employment (163). The problem of finding employment for the indigenous people is practically
nonexistent except on Saipan and at Koror. Since most of the inhabitants can
support themselves with a minimum of labor and without depending upon a
daily wage, the difficulty lies in procuring sufficient labor to satisfy the local
demands of the Civil Administration Units or of the military establishments.
(156). Often the procurement of additional laborers has to be arranged through the
(157). local village or island chiefs. The procurement of labor has been stimulated
by several upward revisions of the wage scale, designed to make employment
more attractive, and by making available for purchase greater quantities of
the consumer goods which are most in demand.
(161). Opportunities exist in the Territory for the employment of both skilled
and nonskilled laborers. The former especially are in demand. The number
of positions open to electricians, carpenters, machine operators, office workers,
and cabinetmakers far exceeds the number of trained personnel available to fill
them. Only the Saipan and Palau Districts have an excess of skilled labor.
This problem has been partially solved by the migration of Saipanese 'and
(156). Palauans to Guam where wage scales are advantageous (T/Pet. 10/2) . The
Workers' Compensation
(151h).
Contracts and Sanctions
(151a).
Industrial Relations
(151b).
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problem of finding employment for manual workers is practically nonexistent.
Those not employed by nonindigenous establishments are absorbed by the many (161).
activities of the indigenous economy.
As of June 30, 1951, the following numbers of indigenes were employed 1251.
for wages by the Civil Administration Units, the Central Pacific Insular
Constabulary, and private nonindigenous employers:
District
? ?
Civil Admiu-
iqtration unit
Central Pacific
Insular Con-
stabulary
Private Non-
indigenous
Employers
Saipan
228
25
401
Palau
393
25
55
Truk
285
46
47
Ponape
265
20
86
Marshall Islands
231
21
48
Total
1, 402
137
637
Civil Administration indigenous employees work in the various depart-
ments of the Civil Administration Units: Administration, Operations, Public
Affairs, Economics, Public Works, Public Health, Finance and Supply, and
Education. Indigenous employees of private nonindigenous employers include
domestics and workers employed by the Missions, the Island Trading Com-
pany, and the military other than Civil Administration. No figures are com-
piled for indigenes employed by other indigenes. (See also Statistical Appen-
dix No. IC.)
This total of 2,176 indigenous employees for wages is increased by approx-
imately 3,000 other wage earners engaged in small businesses and occupations
such as handicraft making, copra gathering, and fishing. There is no indus- (151n).
trial homework in the Territory, the nearest approach to it being home manu-
facture of handicraft .which is on a private enterprise basis.
Where large numbers of laborers are employed, as in Saipan, living quar-
ters have been provided and messing facilities set up. All are under the direct Housing (151e) (157).
supervision of a representative of the Civil Administration Unit concerned.
Where necessary, explicit regulations have been enacted to insure that
the local inhabitants who are on the Administration payroll, suffer no indigni-
(166).
ties and are given an equal share of the desirable and undesirable jobs. For
example, islanders hired as seamen aboard ships engaged in interisland traffic
are protected by a directive which states that not more than 50 percent of the
personnel assigned to tasks generally considered as Undesirable shall be
islanders.
The Administration does not hire persons under 14 years of age. Govern-
Child Labor (1511)
Employment of Women.
ment employment is open to both sexes on an equal basis but local customs so
closely regulate the occupations entered into by men and women that discrimi-
nation on the basis of sex is rarely a problem for the employer or the Adminis-
tration.
All labor is voluntary except penal labor. This type of labor is utilized Compulsory Labor (159).
by the Administration for municipal and Civil Administration projects.
Freedom of movement within the Territory is guaranteed by the Bill of Labor Migration (124).
Rights subject only to the requirements of public order and security. There (151k, 1).
have been no instances of indigenous inhabitants leaving the Territory in search (164).
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of employment apart from the movement of a few individuals and small groups
to Guam. No serious problems have been created by this instance of labor
(158). migration. The Administration realizes that because of the constant need in
local communities for workers to engage in fishing and subsistence farming,
the prolonged absence of a high percentage of able-bodied men from any Village
would be detrimental economically as well as socially. All laborers who Volun-
teer for work away from, their homes are carefully screened to eliminate men
whose absence would work a hardship on the community. The contract labor
system does not exist in the Trust Territory.
Recruitment of Labor Workers recruited from outside the Trust Territory consist, of ciVilian
(160). employees of the Civil Administration, employees of civilian contractors per-
forming services for the Administering Authority, and laborers in the A_tiguar
(151P. phosphate mine. Civilian employees of the Civil Administration are teahers,
dentists, and specialists in problems of the area. They are hired under con-
tract according to United States Government employment regulations. Hous-
ing is furnished them by the Civil Administration.
Employees of civilian contractors are recruited in the country in which
(160). the employer is registered and under the employment regulations of that Coun-
try. The majority of such workers employed on June 30, 1951, were American.
The nonindigenous laborers in the Angaur phosphate mine consist of 370
Japanese, recruited in Japan according to an agreement made between the
Angaur clans, the High Commissioner, and the Supreme Commander for the
Allied Powers in Japan. All nonindigenous workers are returned to their
homeland upon the expiration of their contract and are not permitted to settle
in the Trust Territory. There were no deaths among the workers during the
past year.
Separate camps are maintained for the nonindigenous Jabor crews, and
(160). housing and messing arrangements are provided by the organization or Com-
pany employing them. Because housing is of the barracks type, wive S are
not allowed to accompany the laborers. No instances of trouble between non-
indigenous workers workers and the inhabitants have arisen.
Objectives of Program.
Legislation (171).
C. Public Health
The objectives of the public health program for the Trust Territory of
the Pacific Islands continue to be the control of preventable disease, the eleva-
tion of public health standards, and the provision of the highest attainable
quality of medical service for the inhabitants. Administration health personnel
have continued to work for these long-term goals throughout the past year.
The public health policy and program for the Trust Territory are stated
in: Health Service Policy for the Trust Territory of the Pacific Islands, issued
on August 5, 1947; Interim Health Service Program for the Trust Territory
of the Pacific Islands, Public Health Rules and Regulations for the Trust
Territory of the Pacific Islands, and Medical Practice in the Trust Territory,
all promulgated on_November 28, 1947; and Interim Regulation 4-48, Chapters
2 and 7. Regulations issued in the course of the last year were: Trust Territory
Health, Department Order No. 1-51, entitled "Hansen's Disease; Regulations
Regarding Care and Disposition of Patients," and Trust Territory Health
Department Order No. ?51, entitled "Public Health Department Employees,
Pay and Allowances for." The first of these provides that bacteriologically
positive lepers are to be cared for at the Tinian Leprosarium, while bacterio-
logically negative and arrested cases are to be studied and treated locally. The
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second directive establishes a scale of pay and allowances for all professionally
trained indigenes employed by the Trust Territory Public Health Department.
(See Documentary Supplements No. V and No. VI.)
The Administration presently has no organized health activities in cooper- Sanitary Conventions
(1721.
ation with other governments or international organizations, including the
World Health Organization. However, international sanitary conventions
are observed in practice.
The Director of Public Health, a member of the Staff of the High Com-
missioner of the Trust Territory, has cognizance of and maintains control
over all public health matters within the Trust Territory. All professional
and administrative personnel of the Department of Public Health are respon-
sible to the Director. All activities of the Department, including the admin-
istration of dispensaries and hospitals, the medical training of indigenous
personnel, and the conduct of medical surveys and research projects, are sub-
ject to his supervision. Civil Administrators are responsible for the enforce-
ment of health and sanitation regulations within their respective Districts.
All but a very small fraction of the expenses of the Public Health Depart-
ment are met through appropriated funds. Nominal fees collected for medical
services contribute insignificantly to the total cost of the medical care program.
Appropriated funds for the public health program for the fiscal year 1951
approximated $300,000.
Vital statistics are gathered by Civil Administration health personnel visit-
ing the outlying islands on regularly scheduled field trips. While the scatter-
ing of the population throughout many isolated islands makes the collection
of accurate data very difficult, every effort is put forth to gather correct vital
statistics. Valuable epidemological data are available in the reports of the
medical survey ship U. S. S. Whidbey.
The Public Health Department of the Trust Territory continues to supply
nonindigenous professional and administrative personnel until sufficient num-
bers of well-trained indigenes are available to render medical, dental, and nurs-
ing service. Nonindigenous personnel include United States Navy Medical,
Dental, and Medical Service Corps Officers, hospital corpsmen, and civilian
dentists. There are no medical missionaries in the Trust Territory. (See
Statistical Appendix No. XII A.)
Classification of indigenous professional employees of the Department
of Health has been standardized for the entire Territory by the promulgation
during the past year of Tru,st Territory Health Department Order No. 0-51
(Documentary Supplement No. VI) . This established the positions of medical
and dental practitioners, medical and dental assistants, nurses, health aids,
dental aids, and nurse aids.
Indigenous trainees who have recently graduated from the School for
Medical Assistants at the United States Naval Medical Center, Guam, are
now serving two-year periods of internship at various Civil Administration
Unit dispensaries throughout the Trust Territory prior to assuming duties as
medical practitioners. Several graduates of the School of Nursing at Guam
Memorial Hospital are currently employed at Civil Administration Unit dis-
pensaries. Students enrolled in the former schools for medical and dental
assistants have been transferred to the Central Medical School at Suva, Fiji,
where they will complete their training. On graduation, they will be available
to render medical and dental service in the Trust Territory as medical and dental
practitioners. Guam Memorial Hospital continues to train nurses for the
55
Administration (169).
Finance (169).
Vital Statistics (173).
Personnel (174).
(181) (186).
Indigenous Personnel
11741.
Professional
Training (175).
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Trust Territory. Professional training in medicine, dentistry, and nitrsing is
available to the indigenes without discrimination.
Training (175). Other indigenes continue to be trained and employed at the Civil 'Admin-
istration Unit dispensaries and dental clinics as medical and dental assistants,
health aids, dental aids, and nurse aids. These trainees learn the techniques of
first-aid, simple laboratory work, dispensary medicine, and sanitation After
training, they return to their home islands to serve as resident health personnel
Subdispensaries (186). in the outlying island subdispensaries. These subdispensaries are visited regu-
larly by Administration medical, dental, and hospital corps personnel touring
the islands in field trip parties to deliver medical supplies, inspect sanitary
conditions, and effect transfer of the seriously ill to the Civil Admini'stration
Unit dispensaries. (See Statistical Appendix XII B, C.)
Dental Service. Dental assistants and dental aids are trained and employed at the 'Civil
Administration dental clinks and subdispensaries. Periodically, dentists and
dental assistants accompany field trips to the outlying islands to provide neces-
sary care to the indigenes who are unable to visit the administration unit clinics.
Hospitalization (185). Hospitalization for the majority of seriously ill patients is undertaken
by the Civil Administration Unit dispensaries. Patients requiring: highly
specialized medical care are referred to the United States Naval Hospital,
Guam. Active leprosy cases are treated at the Trust Territory Leprosarium
on Tinian.
Maternal and Child Maternal and child health care are available through the Civil Admini stra-
Care (182).
tion Unit dispensaries and the outlying subdispensaries. On the ontlying
islands, trained health aids and nurse aids are responsible for maternal and
child health as a part of their duties to the community as a whole. The
incidence of diseases peculiar to pregnancy and childhood is not great. In
some Districts, the majority of women living in the vicinity of the CiVil Ad-
ministration Unit dispensary come in for prenatal examination, delivery, post-
partum, and neonatal care. In other Districts, many women still prefer the
Midwives (182111751. attendance of midwives during parturition. Recognizing that midwifery is
deeply entrenched in the tradition of many island communities, Administra-
tion health officers have endeavored to train the more competent midwives in
the simple fundamentals of good obstetrical technique. The regulationS
governing the practice of midwifery are contained in Medical Practic in th,e
Trust Territory, Section 14.
Immunization (181). Through the civil administration unit dispensaries, vaccinations for small-
pox and inoculations for typhoid and tetanus have been provided to 4 many
of the indigenes as possible. Immunization of school children has beet!' given
first priority.
Unqualified Indigenous A limited number of unqualified practitioners, relying on continued popu-
Practitioners (176). lar acceptance of traditional island concepts of disease, continue to carry on
their unsanctioned work. As Administration public health officers have con-
tinued to win the confidence of the indigenes in modern medicine, the influence
(180 c, dl. of these unqualified individuals has declined progressively over the, years.
Rarely have their practices involved procedures endangering the welfare of
persons requesting their services. When instances of dangerous practice have
occurred, Administration health officers have usually been able to resolve the
problem through consultation with the community officials.
Diseases (177). The principal endemic diseases still existing in the Trust TerritOry are
tuberculosis, enteric parasitism, filariasis, and leprosy. Over the entire Ter-
ritory, the incidence of tuberculosis varies from one to three persons per
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hundred. 411?Ko1xR4 smB,RIP-P?VKRAl1llQ4taqIATRPP/?11W3KagItPIQ300013-8
intestinal parasites include ascaris, hookworm, whipworm, and pinworm.
Amebic and bacillary dysentery are still serious health menaces in some areas.
Filariasis is widespread in the Caroline Islands. Fewer new eases of leprosy
are reported as time goes on. At present, there are 112 patients under treat-
ment at the Tinian Leprosarium where facilities for isolation, housing, and
treatment have been set up in accordance with modern therapeutic standards.
The declining incidence of active yaws in the Territory can be ascribed to the
effectiveness of antibiotics available at all dispensaries and subdispensaries.
Endemic and epidemic respiratory infections, while common, are usually of
a minor nature. Occasionally, however, pneumonia and laryngo-tracheo-
bronchitis occur. Gonorrhea continues to be the most common venereal dis-
ease. The general availability of antibiotics, however, has controlled the
incidence of venereal infections very successfully. Cases of venereal infection
are hospitalized until treatment is completed. Prostitution is a punishable
offense but is not a major problem in the Trust Territory. (See Statistical
Appendix No. XII E.) ?
The Administration continues to sponsor surveys and research studies
bearing on the medical problems of the Trust Territory. During the last
four years, the U. S. S. W hidb ey , a fully equipped floating clinic and laboratory,
has conducted a medical and dental survey of the indigenous peoples of the
Trust Territory. In addition to collecting data to determine the incidence
of endemic and epidemic diseases in the Territory, the professional staff has
opened a health record for each person examined. These records have been
made available to the Civil Administration health officers within each. District
to help them locate and treat the seriously ill. In May. of 1951 the U. S. S.
-Whidbey terminated its survey of the Trust Territory islands, having worked
in all Districts of the Territory and completed examination of about 75 percent
of the total number of inhabitants.
. Upon completition of its survey, the U. S. S. Whidbey was withdrawn
from the Trust Territory. In order to continue adequate follow-up studies
on the more remote islands and to contribute to diagnostic aids and better
care of the indigenes, plans for the modification of four field trip ships by
the installation of X-ray equipment on each have been approved and work
on this project will start in the near future.
During the past year, two administrative-medical field team trips in the
Truk District were organized. Part of the purpose of these trips was to give
follow-up medical and dental care in relation to the conditions as reported
by the. Whidbey survey. These teams were sent into the field with sufficient
allotted time to examine and treat all indigenes. Also, they gave opportunity
for on-the-island observation and training of health aids as well as enabling
the medical personnel to institute and correct any deficiencies in hygiene and
sanitation. Educational programs regarding oral hygiene, midwifery, and
infant care were started. Almost 100 percent of the indigenes on the various
islands visited were seen. The first team was sent to Woleal and Lamotrek
in November 1950 for a period of 5 weeks. The second team was sent into
the Mortl.ock Islands for a period of 59 days. A review of their report justi-
fies the use of this type of medical support for the more remote islands and
is considered to be the best way by which adequate follow-up and treatment
can be given to the indigenes.
974002 51 5
57
Leprosarium (178).
Venereal Disease (185).
Prostitution (179).
Research and Survey
(171).
Medical Field Trips.
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Approve
Filariasis Resea c
(170) (171).
Nutrition (183)(184).
(170).
Sanitation Program
(180b) (187).
Water Supply.
Food Dispensing Estab-
lishments (189)1175).
Waste Disposal (187).
Pest Control (188).
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In recent months, the Administration has initiated an extensive investiga-
tion of the filariasis problem in the Trust Territory. The objectives of the
project are (1) to determine the geographical limits of the disease; (2) to
identify the species of etiologic agent and vector present in various areas; (3)
to develop effective measures for controlling the insect vector; and (4) to
explore methods of treating existing filarial infections.
Nutrition among the people of the Trust Territory continues to be satis-
factory. The island diet consists mainly of locally produced foodstuffs: fish,
taro, breadfruit, pandanus, arrowroot, coconuts, yams, manioc, sweet pOtatoes,
papaya, limes, and fresh chicken, duck, and pork. The indigenes supplement
these foods with rice, flour, sugar, lard, and canned milk, meat, and fish which
are imported by the Island Trading Company. Special supplementary feed-
ings for school children are not generally considered to be necessary. Experi-
enced agriculturalists, entomologists, and husbandmen. retained 13,y the
Administration work constantly to protect and develop local food resources.
During the last year, a nutritional survey of the, Marshall Islands (low islands)
and Truk (high islands) Districts has been made to discover any deficiencies
or imbalances that may exist in the island diet.
The program for improvement of sanitation in the Trust Territory de-
pends upon (1) enforcement of public health regulations by local health aids
and civil officials; (2) inspection of living areas by Civil Administration 11ealth
officers; and (3) education of indigenes in the fundamentals of preventive
medicine. Infraction of a public health regulation is a punishable ciffense.
Areas in the vicinity of Civil Administration Units are inspected frequently by
health officers and outlying islands are inspected regularly by visiting field trip
parties. During such inspections, medical personnel point out conditions that
represent health hazards, explain to the community officials the need for cor-
rective measures, and remind them of their responsibility for community health
and enforcement of regulations.
Water supply varies with the type of island. On the low coral atolls,
fresh water is usually derived from small rain catchment arrangements,, using
concrete cisterns for storage. Wells are often of poor quality. On the high
islands, spring water, well water, and rain draining off uninhabited water-
sheds provide more than adequate supplies. The importance of maintaining
clean water storage facilities, screened over to avoid contamination and mos-
quito breeding, is emphasized in sanitation inspections and teaching programs.
Rigid standards are observed in the inspection of the water distribution System
and this has been effective in preventing water-borne diseases.
Establishments preparing and dispensing food must be licensed and in-
spected periodically. Food handlers are given physical examinations as often
as practicable.
Medical personnel carrying out sanitation inspections and health education
programs continue to encourage the construction and regular use of facilities
for the sanitary disposal of human waste. Inland and over-the-water typo
toilets are both recommended. The use of night soil is forbidden by law.
Garbage and other refuse is disposed of by burying or burning.
Programs for the control of rodent and insect pests have relied most heavily
on efforts to eliminate food sources and breeding grounds. Deep burying of
garbage and refuse, draining and filling of stagnant water reservoirs near living
areas, and community clean-up programs have accomplished some reduction in
fly, mosquito, and rat population. Rat poison and DDT have been of value on
severely infested islands.
58
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The people of the Trust Territory are not addicted to the use of narcotic Drugs (191).
drugs. The only narcotics used in the area are administered by United States (192).
Naval medical officers under military control for medical purposes. Regula-
(190).
tions relative to the importation, sale, manufacture, and distribution of drugs
and pharmaceuticals are contained in Interim Regulation No. 4-48, Chapter 7. (172) (193).
International regulations relating to narcotics are followed in practice although
they have not been formally extended to the Trust Territory.
Alcoholic beverages are not manufactured on a commercial scale in the Alcohol (194) (195).
Trust Territory. Manufacture by individuals for personal use in accordance
with indigenous tradition is permitted subject to community control. The
importation of spirituous beverages for the use of the indigenes is illegal except
in the Saipan District where beer, without limitation as to alcohol content, is
allowed to be imported (T/Pet. 10/3) .
Health education promises to be the most effective means of improving Public Health Education
(180a, b) (170) (175).
public health conditions in the Trust Territory. The fundamentals of hygiene,
sanitation, and preventive medicine are taught by Administration personnel in
elementary, intermediate, and teacher training schools. Island chiefs are in-
structed in the need for solution of the health problems of their islands and
their assistance is enlisted in convincing the people of the worth of the program.
Well-trained practitioners, health aids, and school teachers serve effectively as
spokesmen for modern concepts of disease. The administration is taking every
opportunity to extend the advantages of modern medicine to the people of the
Trust Territory through education rather than through coercion. It is gratify-
ing to report that the islanders are interested and cooperative in the imple-
mentation of the public health program.
59
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Chapter VI
EDUCATIONAL ADVANCEMENT
The success of the political, judicial, economic, and social programs -for
the Trust Territory of the Pacific Islands is dependent upon the educational
advancement of the people. The basic educational policy of the Administering
Authority is designed to promote the fulfillment of the obligations of the Charter
of the United Nation3 and the provisions of the Trusteeship, Agreement. The
objective of this policy is to promote the educational advancement of the inhab-
itants by establishing a system of elementary and intermediate education; by
facilitating vocational and cultural advancement of the people; and by encour-
aging students to pursue professional training. (See also Interim Regulation
No. 4-48, Chapters 2 and 8, and Statistical Appendix No. XIII.)
A free public school system has been established in the Trust Territory
to accomplish this end. The Education Department, located at the Head-
quarters of the High Commissioner at Pearl Harbor, is responsible for the
administration of the schools. The Education Staff is composed of the Director
of Education, the Assistant Director of Education who is also the Field Educa-
tional Administrator, the Supervisor of Publications, the Supervisor of Li-
braries, and the Supervisor. of Linguistics. A Supervisor of Agricultural
Education has been provided for in the budget but not yet, employed.
In the field there is an Educational Adniinistrator for each District and
for the island of Yap who is directly responsible to the Civil Administrator.
The District Educational Administrator directs the conduct of educational
affairs, implements the educational policies of the Administering Authority,
and is responsible for expanding and supervising the educational programs
within his respective District. Each District also has an indigenous Superin-
tendent of Elementary Schools who works closely with the Educational Admin-
istrator and who has taken over many of the educational tasks of his District.
The Education Department is advised in educational affairs by the Advisory
Committee on Education for Guam and the Trust Territory. This Committee,
established in November 1947, is composed of distinguished educators from
Hawaii who meet from time to time at the University of Hawaii or in the
field. Its members make recommendations concerning the professional and
technical phases of public education and educational administration, review
the progress of the program, and screen candidates for teaching positions.
The school year consists of 180 school days. The school day for first-year
pupils consists of at least five 40-minute periods of classroom instruction and
recreational activity. All other students attend at least six 40-minute periods
of classroom instruction and supervision each day.
Elementary schools, primarily a municipal responsibility and staffed
wholly by indigenous teachers, are in operation throughout all Districts of the
Trust Territory. Students 8 to 14 years of age attend the elementary schools.
In certain areas these schools have attained a, six-year course of study. Be-
cause the supply of trained and experienced teachers is still insufficient for the.
number of students, a system of grouping grades 1 and 2, 3 and 4, and 5 and 6
61
Policy and Aims 1219).
Education Department
(221).
Field Administration.
Advisory Committee
(220) (221).
School Day.
Elementary Schools
(220).
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has been established. English is taught in proportion to the linguistic ability
of the teachers. (See Tables, pp. 67 and 68 and Statistical Appendix XIII
A, B.)
Elementary School The curriculum and the objectives of the elementary schools are as folows :
Curriculum (226).
Group I
(Approximate ages: S and 9 years)
A. Subjects:
Vernacular 2 periods daily.
Oral English 1 period daily.
Recreational Activities, including Music and Physical Exercise 1 period daRy.
Drawing and Creative Art_ 1 period daily.
B. Aims:
1. To teach correct oral speech, reading, and writing in the vernacular.
2. To teach Series A and B conversational English words (pronunciation and com-
prehension; no reading or writing).
3. To provide recreational activity including music, art, and physical exercise.
1
4. To teach drawing and provide creative activity in art.
5. To provide constant training in healthful, ethical, and democratic attitudes and
habits.
Group II
(Approximate ages: 10 and 11 years)
A. Subjects:
Vernacular 1 period daily.
Oral English 1 period daily.
Reading and Writing of English 1 period daily.
1
Social Studies, including Geography, Science, Health, and Nature
Study 1 period daily.
Arithmetic 1 period daily.
Drawing, Arts and Crafts, and Creative Activity 1 period daily.
Recreational Activities, including Music and Physical Exercise . To be offered as
an extra pro-
gram function.
B. Aims:
1. To teach reading, spelling, grammar, composition, and writing in the vernacular.
2. To teach Series C Conversational English words and words from English language
textbooks of standard Grade II level (pronunciation and comprehension; no
reading or writing).
3. To teach reading and writing of Series A conversational English words from Series
A and B flash cards and locally published textual materials.
4. To teach local island geography, history, citizenship, and health.
5. To teach science, using standard science and nature study texts, Books I and II.
6. To teach arithmetic, including addition, subtraction, and multiplication, in English.
7. To teach drawing, arts and crafts, and to provide for creative activity.
8. To provide recreational activity, including music and physical exercise.
9. To provide constant training in healthful, ethical, and democratic attitudes and
habits.
Group III .
(A.pproxim ate ages: 12 and 13 years)
A. Subjects:
Reading and Conversational English 1 period cIally.
English Spelling, Writing, and Composition 1 period daily.
Arithmetic 1 period daily.
Social Studies, including History, Geography, Science, Health, and
Nature Study 1 period daily.
Drawing, Arts and Crafts, and Creative Activity 1 period daily.
Gardening 1 period daily.
Recreational Activities, including Music and Physical Exercise To be offered as
an extra pro-
gram function.
62
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B. Aims:
1. To teach conversational English through the use of standard English texts, Grades
III and IV.
2. To teach reading, writing spelling, and composition of Series C conversational
English words, using standard Grade IV text materials.
3. To teach arithmetic, including addition, subtraction, multiplication, division, deci-
mals, and simple fractions in English.
4. To teach geography, history, citizenship, and health in the vernacular.
5. To teach science by reading and writing on subjects included in the standard texts
for Grades II, III, and IV.
6. To teach drawing, arts, and crafts, and to provide opportunity for creative art.
7. To teach gardening.
8. To provide recreational activity, including music and physical exercise.
9. To provide constant training in healthful, ethical, and democratic attitudes and
habits.
Intermediate schools have been established at the headquarters of each
Civil Administration District and at Yap. Entering students must have
satisfactorily completed an elementary school course and be at least 14 years
of age. The intermediate school offers three years of instruction corresponding
to grades seven through nine in one of the following: (1) terminal education
in subjects especially adapted to the needs of the District, including teacher
training; (2) preprofessional and technical education for students desiring
higher education. (See Tables, pp. 67 and 68, Statistical Appendix No. XIII
A, B.)
The basic curriculum for the intermediate school is as follows:
Terminal Education
English, including Conversation, Reading, Writing, Spelling, Grammar, and Composition.
Arithmetic.
Social Studies, including Geography, History, Local Civics, Health, Hygiene, and Sanitation.
Teacher Training, on an in-service and interim basis.
Commercial Subjects.
Industrial Arm and Homemaking, including Indigenous Arts and Crafts.
Agriculture.
Vocational Training, including Carpentry, Masonry, Seamanship, Boat Building, and
Fishing.
Recreational Activities, including Music, Art, Sports, Games, and Hobbies.
Preprofessional Education
English, including Conversation, Reading, Writing, Spelling, Grammar, and Composition.
Arithmetic.
Social Studies, including Geography, History, Local Civics, Health, Hygiene, and Sanitation.
General Science.
Agriculture.
Industrial Arts and Homemaking, including Indigenous Arts and Crafts.
Recreational Activities, including Music, Art, Sports, Games, and Hobbies.
Approximately 511 scholarships providing free subsistence and stipends
to cover costs of incidentals have been provided for intermediate school students
during the past year. One hundred twelve of the intermediate schoolgirls
are scholarship recipients (T/Pet. 10/2) . About 300 students have been able
to attend the intermediate schools at their own expense. Student selections
are made by a scholarship committee which has been established in each District.
This committee is composed of three members including the Superintendent of
Elementary Schools, the District Educational Administrator, and one person
designated by the District Civil Administrator. Selection factors and tests are
being improved each year so that the most promising students may benefit from
the educational opportunities afforded by these scholarships.
63
Intermediate Schools
(2201.
Intermediate School
Curriculum (226).
Scholarships (230).
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Advanced Education
(220).
Teacher Training
Curriculum (226).
Summer School.
Advanced education within the Trust Territory is available at the Pacific
Islands Teacher Training School (PITTS) at Truk. At the present time
PITTS includes three schools: The School of Teacher Training, established
in November 1947 to prepare teachers for the Territory schools; the School
of Communications, established in September 1949 to train indigenous radio
operators; and the School of General Education, established in September 1950
to provide secondary education. Teacher Training, including practice teach-
ing, is a two a.nd one-half-year course; Communications and General Educa-
tion are three-year courses. A School of Agriculture will be opened in the fall
of 1951. The study of English is emphasized to as great a degree as is that of
professional and technical subjects. The students attending these schools are
carefully selected from ranking intermediate school students or from candidates
having equivalent background or experience. Currently there are 106 students
at PITTS. The majority of these students, including the nine girls, are schol-
arship students (T/Pet. 10/2). (See Tables, pp. 67 and 68 and Statistical
Appendix No. XIII B.)
The curiculum of the School of Teacher Training is as follows:
FIRST YEAR
First Semester
Subject
Credits
Second Semester
Subject Credits
English I
5
English II --
3
Reading
2
English Composition I
2
Spelling
2
Mathematics II
3
Mathematics I
3
General Science II
2
Occupational Study
1
Industrial Arts II
2
General Science I
2
Introduction to Education
3
Industrial Arts I
2
Child. Psychology
2
Physical Training
1
Physical Education
1
Total
18
Total
18
SECOND YEAR
First Semester
Subject
Credits
Second Semester
Subject credits
English III
3
English IV -
3
Oral Expression I
3
Oral Expression II
3
Mathematics III
2
Mathematics IV
2
Social Studies I
2
Social Studies II -
2
School and Classroom Operation I
1
School and Classroom Operation II____
1
Teaching Methods I
2
Teaching Methods II
2
Practice Teaching I
2
Practice Teaching II
2
Agriculture
2
Agriculture
2
Art I
2
Art II
2
Physical Education
1
Physical Education
1
Total
20
Total
20
In addifion to the regular teacher training course, students attend summer
school at the close of their second year of study. Graduation exercises for
teacher training students are held at the close of the summer session. Teakhers
from all Districts of the Territory also attend the summer sessions for further
training and refresher courses. Each summer course offered is the equivalent
of one credit hour. Students may take not more than six credit hours during
the 6-week term.
64
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.
Teaching of English Reading.
Teaching of English Composition and Grammar.
Teaching of Oral Expression.
Teaching of Health and Hygiene.
Teaching of the Vernacular.
Teaching of English.
Teaching of Arithmetic.
Teaching of Art.
Teaching of Science.
Teaching of Physical Education.
Teaching of Social Studies.
Teaching of Music.
Teaching Methods in the Elementary Schools.
Government and Citizenship.
Educational Methods.
School Administration.
Algebra..
Agriculture.
Industrial Arts Workshop.
Planning Workshop.
The curriculum of the School of Communications is as follows-:,
FIRST YEAR
Communications
Curriculum (2261.
First Semester
Subject
Credits
Second Semester
Subject Credits
English I
5
English II
3
Reading
2
English Composition
2
Spelling
2
Mathematics II
3
Mathematics I
3
Electricity I
3
Occupational Study
1
Radio Telegraphy I
2
General Science
2
Drafting
2
Industrial Arts I
2
Industrial Arts II
2
Physical Education
I
Physical Education
1
Total
18
Total
18
SECOND YEAR
First Semester
Subject
Credits
Second Semester
Subject
Credits
English III
3
English IV
3
Oral Expression
3
Communications Procedures I
2
Meteorology I
3
Meteorology IL
3
Mathematics IlL
2
Mathematics IV
2
Electricity II
3
Electricity III
3
Radio I
2
Radio II
2
Radio Telegraphy II
2
Radio Telegraphy III '
2
Physical Education
1
Physical Education
1
Total
19
Total
18
974662 -51--6
65
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First Semester
Subject
Communications Procedures II
Meteorology III
Radio III
Electricity IV
Radio Telegraphy IV
Radio Telephony I
Social Studies I
Physical Education I
Total
TI1.IRD YEAR
Second Semester
Credits Subject 1 Credits
2 Meteorology IV 3
3 Radio IV 3
3 Electricity V 3
3 International Procedure 2
2 Radio Telegraphy V 2
2 Radio Telephony II 2
2 Public Speaking 2
1 Physical Education 1
18 Total 4 18
General Education
The curriculum of the School of General Education is as follows:
Curriculum (226).
FIRST YEAR
First Semester
Second Semester
Subject
Credits subject Credits
English I
5 English II 3
Reading
2 English Composition 2
Spelling
2 Mathematics II 3
Mathematics I
Health 2
Occupational Study
1 General Science II 2
General Science I
2 Elective 2
Industrial Arts
2 Art I 2
Physical Education
1 Physical Education 1
Total
18 Total 17
SECOND YEAR
First Semester
Second Semester
Subject
Credits Subject
Credits
English III
3 English IV I 3
Oral Expression I
3 Oral Expression II 3
General Business I
3 General Business II 3
Economics I
2 Economics II 2
Agricultural Methods I
2 Agricultural Methods II 2
Social Studies I
2 Social Studies II 2
1
Physical Education
1 Physical Education 1
Electives
0-4 Electives 0-4
Total
16-20 Total 16-20
TIIIRD YEAR
First Semester
Subject
Credits
Second Semester
Subject
Credits
Bookkeeping I
3
Bookkeeping II
3
Typewriting I
3
Typewriting II
3
Community Sanitation
2
World Geography
3
Drafting
2
World History
2
Trust Territory Law II
2
Trust Territory Law I
2
Public Speaking
2
Physical Education
1
Physical Education -
1
Electives
5-7
El ectives
i 2-4
Total
18-20
Total
18-20
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The curricula of the schools is directed at all times toward the development
of democratic attitudes. Courses in social studies and structure of the Trust
Territory Government and the legal code deal directly with the working of
democracy. Experience in democratic functions and leadership is afforded
by participation in student government organizations in the class rooms and
schools and by dramatic presentations of elections, conduct of municipal gov-
ernment, and model sessions of a District congress.
The study of the United Nations and its organization is included in all
curricula under Social Studies and its presentation is being fully implemented.
An extensive coverage of the subject is given at PITTS to all teacher candi-
dates to equip them with the basic information for proper presentation in the
elementary and intermediate schools. During the past year United Nations
Volunteer Information Centers have been established at each intermediate
school and at PITTS and the school principals designated as Directors of the
Information Centers. Material concerning the United Nations is available
at the Centers and from them is distributed to all schools and libraries.
The health of the school students is carefully watched. Physical exami-
nations are given without charge to all students and training in good health
habits and physical education are important parts of the curricula. Insofar as
is practicable, food served is the type of food to which the students have always
been accustomed.
Schools are easily accessible to the students. Elementary schools are
located in all major population centers or villages. Transportation to the
intermediate schools and to the schools on Truk, Guam, and Suva is furnished
by the Administering Authority at the beginning and close of each school year.
The number of students enrolled in the schools represents more than 90
percent of the children of school age. Attendance is about 95 percent of those
enrolled.
The following tables indicate the extent to which the public school system
has developed in each district:
PUBLIC SCHOOL STUDENTS AS OF JUNE: 30, 1951 1
District
Total
Inidgenous
Population
Elementary
Schools
Intermediate
Schools
PITTS
Total Students
Male
Female
Male
Female
Male
Female
Male
Female
Saipan (Northern Ma-
rianas).
6, 506
537
441
71
48
16
2
624
491
Palau (Western Caro-
lines).
11,740
949
688
130
44
28
2
1, 107
734
Truk
15,788
1, 143
817
186
13
24
5
1,353
835
Ponape
10, 397
600
386
101
8
14
715
394
Marshall Islands
11, 299
588
460
89
17
15
692
477
Total
55,730
3, 817
2, 792
577
130
97
9
4, 491
2,
931
1 For statistics of nonpublic schools, see p. 73.
67
Education for Democracy
Study of the
United Nations.
Health of Students 12301.
School Locations (230).
School Attendance and
Population.
School, Teacher, and
Student Distribution
(229).
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PUBLIC SCHOOLS AND TEACHERS AS OF JUNE 30, 1951
Advanced Education
Outside the Territory
(220) (228).
Medical, Dental and
Nurses' Schools 12281.
1)istrict
Saipan (North
Marianas)_
Palau (Waste
Carolines)
Truk
Ponape
Marshall Island
Total____
Elemen-
tary
Schools
Elementary
Teachers I
Inter-
mediate
Schools
Intermediate
Teachers
Male
2
Female
PITTS
PITTS
Teachers ,
Total
Male
Teachers
Female
Male
Female
Male
Female
!rn
6
10
14
1
5
4
0
0
0
15
18
rn
35
77
7
2
11
4
0
0
0
88
11
45
55
8
1
4
5
1
5
3
64
16
16
31
3
1
6
2
0
0
0
37
5
_
36
32
9
1
7
1
0
0
0
39
10
138
205
41
6
33
16
1
5
3
243
60
All elementary teachers are indigenes.
a 23 intermediate teachers (21 male, 2 female) are indigenes.
PITTS male teachers are indigenes.
Advanced education outside the Trust Territory is provided at Guam and
at Suva, Fiji. (See Table, p. 69, and Statistical Appendix No. XIII A, B.)
During the past year the United States Naval Medical Center on Guam was
disestablished and the facilities for medical, dental, and nurses' training which
had been offered there to Trust Territory students were no longer available.
Students at the Medical and Dental Assistants Schools were transferred to the
Central Medical School at Suva which is under the direction of the British
South Pacific Health Service; students at the School of Nursing were transferred
to Guam Memorial Hospital.
? The medical and dental trainees at Suva receive a four-year course. in their
profession which prepares them to serve the health needs of their people. The
School of Nursing at Guam provides a three-year course in nursing similar to
that received by graduate nurses in the United States. In addition to the pro-
fessional training which these schools offer, emphasis is placed upon the study
of English. Students for these schools are selected without discrimination from
the various island groups and, when graduated, return to their native localities
to practice their professions under the supervision of Civil Administration med-
ical and dental officers. At the present time there are 31 students in the School
of Medical Practitioners, 20 in the School of Dental Practitioners, and 13 in the
School of Nursing, all of whom are scholarship students.
Other than for the advanced schools at Truk, Guam, and Suva, there are
no facilities in the immediate area for higher education for the people of the
Territory. However, students who meet the qualifications for American univer-
sities are eligible for scholarships from the Administering Authority, various
universities, and private sources. Equal educational opportunities are extended
to both sexes. At the present time 40 students, other than medical and nursing
trainees, are attending schools and universities outside the Territory: 7 are- at
universities and high schools in the United States and Hawaii; 11 are at Semi-
naries in the Philippine Islands; and 22 are attending high school at their own
expense on Guam (T/Pet. 10/2).
68
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The follOwing table shows the distribution of students abroad: Student Distribution
Abroad.
STUDENTS ABROAD AS OF JUNE 30, 1951
District
Medical and
Dental, Suva
Ni ming,
Guam
High School,
Guam
Others
Total
Male
Female
Male
Female
Male
Female
Male
Female
Male
Female
Saipan
3
0
0
0
11
5
3
0
17
5
Palau
10
0
0
4
6
0
10
0
32
4
Truk
12
0
0
0
0
0
0
0
12
0
Ponape
13
0
0
4
0
0
5
0
18
4
Marshall Islands
7
0
0
5
0
0
0
0
7
5
Total
51
0
0
13
17
5
18
0
86
18
Training for skilled and professional work other than teaching, com-
munications, and. medicine has taken the form of apprentice training. This
type of training has been conducted throughout the Territory since the in-
ception of the United States Naval Military Government and continued through
the present administration. From groups originally trained by Military Gov-
ernment, the Civil Administration has obtained truck drivers, mechanics,
electricians, plumbers, carpenters, refrigerator repairmen, rodent and insect
control squads, warehousemen, and painters. Other young islanders, selected
on the basis of natural aptitude, have received in-service training in agriculture,
library training, safety services, clerical work, maritime service, and basic busi-
ness procedures. Cooperative working arrangements between the District
Education and Public Works Departments have resulted in the'promotion of
in-service training programs. A new intermediate school built this past year
at Majuro, has afforded an opportunity for on-the-job training in carpentry,
painting, and masonry. Only a portion of the total trained population is
employed by the Civil Administration Units; the greater proportion of the
workers participate in private activities which contribute directly toward the
economic and social advancement of the Territory (T/Pet. 10/6).
Adult education is actively promoted on time District level throughout
the Trust Territory. During the past year 253 adults attended classes in
English, health and sanitation, office practice, carpentry, mechanics, com-
munications, public safety, library science, and navigation.
A great number of the adult population can be reached through other
educational media such as visual aids, radio, films and newspapers, but as
yet these facilities are limited. Health charts, both in English and the
vernacular, have been published and distributed to the field. Radio broad-
casting has been developed at Saipan, Truk, and Kwajalein, and programs for
the indigenous population have been broadcast over these stations. The major
problem in the use of radio is the lack of available electric power and the
extremely short life and high cost of dry-cell batteries in wet climates. Until
some simple, consistent source of power is developed, the use of radio com-
munication can be available only to a very small percentage of the people of
the Trust Territory.
There are no theaters in the Trust Territory. Dramatic programs often
produced by students at the various schools, are presented in the school
auditoria. Indigenous owned and operated cinemas are located on Saipan,
69
Vocational Training
(162).
Adult Education
(26) (234).
Theaters and
Cinemas (241).
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"Iota, anct ronape. in other areas the inhabitants attend motion pietures
shown by the Civil Administration at the various District Headquarters.
Newspapers and In most of the indigenous communities adjacent to the centers of Civil
Periodicals (2381.
Administration activities, American newspapers and periodicals are available.
and read to some extent. At present a number of mimeographed newspapers
are being published in the various Districts, in both English and the vernacular,
either as school papers or as local affairs publications.
Libraries (2391. Libraries are still few in number but specialized library work during
the past year has resulted in their improvement. Libraries are now in existence
at the intermediate schools and at PITTS. and are for the use of the public
as well as for the students. A central law library is deposited in the court
house at Truk. These libraries are being augmented and expanded as funds
become available and as the educational advancement of the people enables
them to use such facilities. The position of Supervisor of Libraries, provided
for in the organization of the Education Department, was filled in thefall
of 1950 by the appointment of a trained librarian. Early in 1951, after
establishing a research library for the use of the Staff at the Trust Territory
Headquarters, he conducted a six-weeks course in the fundamentals of library
science at Truk. Eleven indigenous library trainees, representing Saipan,
Palau, Yap, Truk, and Ponape, attended the course. Later, the staff librarian
visited PITTS and all intermediate schools in the Trust Territory and super-
vised the reoganization of their libraries. In the Marshall Islands the course
in library training was repeated for the benefit of the Marshallese librarians
who were unable to attend the classes at Truk.
Indigenous Teachers Acquiring teachers for the public schools of the Trust Territory is often a
12311.
difficult problem. The elementary schools are staffed entirely by indigenes
whose preparation for teaching varies from no formal education to study at an
American university. Approximately fifty percent of the intermediate school
teachers and indigenous. (See Table, p. 68, and Statistical Appendix No.
XIII C.) The average indigenous teacher is a graduate of an intermediate
Qualifications and school and has received teacher training at that level. Efforts are constantly
Training.
being made to implement this training and eventually all elementary teachers
will be PITTS-trained. The source of supply of suitable indigenous teachers
for the elementary schools is expected to remain adequate to meet present and
future needs.
Summer sessions at PITTS emphasize methodology and procedures beyond
the presently prescribed course required for teacher training. Each District
provides teacher training courses at its intermediate school for elementary
teachers during the regular school year and provides refresher training during
the summer months. As of June 30, 1951, the indigenous teachers totaled 246
in the elementary and 23 in the intermediate public schools. This is an increase
(135/.
of 26 indigenous teachers during the past year. Sixteen percent of the teachers
are women.
Non-Indigenous Nonindigenous teachers are either Naval or civilian personnel and their
Teachers (231/.
dependents, or contract employees. Three United States Navy enlisted men
and sixteen wives of Naval and civilian administration personnel taught in the
intermediate schools and at PITTS during the past year. All are high-school
graduates and most have college degrees and previous teaching experience.
Three Naval officers were. employed in supervisory capacities. Twenty-two con-
tract employees ,are attached to the school program. The latter hold the posi-
tions of Educational Administrators for the five school districts, principal of
70
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PITTS, specialized teachers, and staff members. Professional qualifications Qualifications.
are approximately the same as those for similar positions in the United States.
Applicants are screened by the Director of Education and by the Advisory
Committee on Education for Guam and the Trust Territory. They are licensed Licenses.
in that they must have credentials from a recognized school in the United
States. During the past year an average of 27 nonindigenes taught in the inter-
mediate schools of the Trust Territory.
Salary scales per annum for American and indigenous educators are listed Salaries (232).
below:
SALARY SCALE FOR NON-CIVIL-SERVICE CONTRACT EMPLOYEES
Classification
Civil-service Equivalent
Salary
Educational Administrator
Educational Administrator
Principal
Teacher
GS?ll
GS-9
GS-7
GS-5
$6,750
5,750
4,781
3,875
SALARY SCALE FOR DEPENDENTS OF AMERICAN PERSONNEL
Rating
Classification
Salary
IA
IB
Instructor.
do_
$4,150
3,775
IC
do_
3, 400
IIA
do_
3, 150
IIB
_do
2,900
IIC
do
2,650
IIIA
Instructor's aide
2,400
IIIB
do
2,175
IIIC
do
1,950
IIID
_do
1,825
SALARY SCALE FOR INDIGENES
Classification
Salary Range
Superintendent of Schools
$900 to $1,850
Principals
240 to 1,254
Teachers
180 to 1,254
The variation in the salaries paid dependents of American personnel is
due to difference in their training and experience. The wide range in the
scale of indigenous teachers' salaries is due to the extreme differences in the
monetary economy among the five Districts in the Territory.
District teachers' associations have been formed in the Marshall? Islands,
Ponape, Truk and Palau Districts. The Micronesian Education Association,
composed of teachers from all Districts, was organized at PITTS in July 1949
"in order to produce a more effective educational program in the Trust Terri-
tory of the Pacific Islands, and for the professional and physical betterment
of the indigenous educator." The Micronesian Education Association pub-
lishes the MEA Journal. Working closely with the educators in four Districts
71
Teachers' Associations
(140) (233).
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School Boards and
P f A's.
School Construction
(2231.
School Equipment
(223).
Cost of Education (221).
(230).
(222).
Mission Schools (220).
(224).
1226).
are local school boards, with both indigenous and nonindigenous members.
The Ponape, Palau, and Saipan Districts have Parent-Teacher Associations.
Marked strides have been made in the school construction program.
During the past year 12 new schools have been built: 3 in the Truk District,
1 in the Marshall Islands District, 2 in the Ponape District, 3 in the Saipan
District, and 3 in the Palau District. Major projects were: the Student
Center at the Truk District Intermediate School, containing offices, a galley,
cafeteria, auditorium, museum, student and faculty lounge, store, barbershop,
and shower rooms; a four room consolidated school on Dublon Island, Truk
Atoll; and the Youth Center on Saipan, providing facilities for indoor and
outdoor sports activities.
Average elementary schools in the Trust Territory still have limited
equipment and supplies but their condition is improving each year. The Civil
Administrators provide necessities to the elementary schools if the Munici-
palities are unable to do so. Permanent fixtures, such as desks, chairs, black-
boards, and electrical equipment, are now supplied to all intermediate SchOols
and PITT'S. Each year additional teaching aids and elementary teXtbooks
oriented to the Territory are distributed (T/Pet. 10/6.)
The expenditures for public education in the Trust Territory for the
fiscal year 1951 amounted to $385,509 or 29 percent of the total expenditures
from United States appropriated funds and the local Trust Territory funds.
In addition to this sum there were considerable cost not shown in the Territorial
budget, such as salaries of Naval personnel engaged in educational work and
free materials distributed by the Administration, amounting to an additional.
$48,000. (See Statistical. Appendix No. XIII D.) ,
All facilities and materials of the public schools are free to the iieople
of the Trust Territory. Expenses in connection with the instruction and sub-
sistence of students attending schools above the elementary level are met from
the funds available for education. During the past year a total of $82,245 was
spent on scholarships for the students attending the six intermediate sehools
and PITTS, and for one student attending the University of I4waii
(T/Pet. 10/2).
Each municipality is responsible for the payment of the salaries .of its
elementary school teachers. In the Ponape and Truk Districts a luxury tax
of 20 cents per carton is placed upon cigarettes to defray the cost of public
education on the municipal level. Out of the collected revenue, teachers'
salaries and other local educational needs are met.
In addition to the public schools of the Trust Territory, a total of 20
non-public schools are located in all Districts except Saipan. Ten of the
schools are Catholic and ten Protestant. These are the only private schools
in the Territory. On Saipan, with a population predominantly Catholic, the
Catholic Church has not eVinced a desire to establish a mission school but
does provide religious instruction for the school children. There are 60
missionaries and 26 indigenes engaged in mission education. (See Table, p.
73, and Statistical Appendix No. XIII C, D.)
The establishment of private schools is not prohibited nor is their operation
curtailed. The only regulation applied to private schools offering secular
education is that they meet the minimum attendance requirements and edu-
cational standards established by the Administration. The curricula of these
schools are similar to those of the public schools.
7')
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No government subsidies nor grants-in-aid are given the non-public schools. (225) (142).
Supplies -for these schools may be purchased at cost through the Educational
Administrator of the District. A small portion of the financial support of the
private schools is donated by the indigenes; the larger portion is obtained
from outside the Territory. The proportions of these amounts of support
are unknown.
The following table gives statistics concerning the non-public schools:
NON-PUBLIC SCHOOL STATISTICS AS OF JUNE 30, 1951
District
Number of
Schools
Number of Teachers
Number of Students
Male
Female
Male
Female
Saipan (Northern Marianas)
0
0
0
0
Palau (Western Carolines)
2
5
5
126
134
Truk
5
5
8
296
161
Ponape
6
15
14
324
283
Marshall Islands
7
14
17
244
192
Total
20
39
44
990
770
School, Student, and
Teacher Distribution
(229).
The educational program is reducing illiteracy at an accelerated rate. Illiteracy (235).
Recent statistical reports on illiteracy are being compiled and studied but as yet
the results of the study are incomplete. The highest percentage of illiteracy is
in isolated areas, especially in the outer islands of the Western Carolines, and
special educational programs are being prepared for these areas. Elsewhere
illiteracy is .not too great a problem and the present educational program is
capable of solving it. No assistance in dealing with illiteracy has been requested
from any international agency.
The problem of language is the most difficult obstacle to be overcome in Language (237).
education. Languages spoken in the Territory may be classified generally
into nine distinct groupings, some of which may be in turn subdivided into local
dialects. None is Territory-wide in usage. Language studies and attempts at
standardization made by various foreign groups since the time of early Western
exploration and settlement in the area have not proven satisfactory. During
World War II the United States made a systematic attempt to survey the field
from a practical standpoint and published a Civil Affairs Study entitled The
Languages of the Japanese Mandated Islands. The present Administration has
encouraged and sponsored research in all major language groups of the Terri-
tory, and dictionaries, orthographies, and grammars have been prepared. The
position of Supervisor of Languages on the Education Department Staff was
filled at the beginning of this fiscal year. Already each of the island languages
is being reduced to writing by standardizing the orthographies,, and school
textbooks in each of these languages are being published.
The local island language is taught and used as the medium of instruction Teaching of Language
during the first two years of elementary school. English is taught only conver- (227).
sationally until the third year when its study is increasingly emphasized. Eng-
lish is the language of instruction at the intermediate school level but lack of
proficiency in its use does not disqualify a student from attending an interme-
diate school. English is becoming a lingua franca of the Trust Territory but
the promotion of literacy in island language remains an important object of the
educational program.
73
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Supply of Literature
(236).
Fostering off Indigenous
Culture (238) (241).
(242).
(241).
(236).
The Administering Authority has prepared and is distributing textbooks
and other reading material, especially adapted in vocabulary and content for
use in the Territory. The material is written in English and some of it is being
translated and printed or mimeographed in the vernacular. To date, original
manuscripts have been prepared in Yapese, Marshallese, Palauan, and K4tian,
and printed and distributed for use in the schools. The American Red Cross
and other organizations and private persons outside the Territory have Made
substantial donations of general literature. Mission groups have tranSlated
the Bible and the Catechism into several of the island languages.
In the entire educational program the Administering Authority emphasizes
the preservation and fostering of indigenous art and culture. Immediately
after United States forces occupied the islands which now constitute the Trust
Territory, it was proclaimed that the existing customs of the local people Nimuld
be respected. The policy was reaffirmed by the High Commissioner's first 'proc-
lamation for the Trust Territory and again by the Bill of Rights and it has
been adhered to consistently. Moreover, Interim Regulation No. 4-48, Chapter
8, provides that the educational program shall respect local cultural patterns,
foster and encourage the study of local languages, history, arts and craft, and
establish vocational training in the arts and crafts and in the trades.
Active encouragement has been given to the promotion of knowledge of
indigenous culture. Archaeological investigations, part of the program Of the
Scientific Investigation of Micronesia, are being conducted throughout the area.
All major sites of archaeological interest are established and maintained as
permanent monuments. The Administration has rendered assistance in the
reconstruction on Palau and Yap of men's houses, the traditional centers of
community life. The production of articles of handicraft is being stimulated
by instruction in standardization of design and the development of markets
abroad. The ancient Micronesian art of boat-building, now simplified by the
use of modern tools, has become profitable because of the demand for trans-
portation of the products of an expanding economy. In the spring of 1951 the
Koror Intermediate School conducted a Fair to sponsor and popularize the
production of articles indigenous to the Palau Islands. In May 1951, on the
occasion of the dedication of the Truk Student Center, the Truk Intermediate
School and PITTS staged the Truk Atoll Music Festival. Interest in the 'folk-
lore of the area has been fostered by the publication during the past year Of the
first volume of Legends of Micronesia, prepared by the Education Departinent
with the assistance of a number of indigenes.
Popular knowledge of Micronesian culture is spreading beyond the Trust
Territory. In the spring of 1951, the Honolulu Academy of Arts, under the
sponsorship of the High Commissioner, produced a graphic exhibition depleting
life in Micronesia. The Administration has supervised the production of a
film, The Navy and Micronesia, covering the period of Naval administration,
and it will be released this coming year. Also, during the past year, PITTS
and intermediate school students prepared 125 sketches and paintings of Trust
Territory scenes which the American Junior Red Cross is now exhibiting in
schools throughout the United States. In the summer of 195O, an exhibition
of art work by the students at the Yapese Intermediate School was held in San
Francisco. Numerous paintings were sold and the proceeds therefrom twere
used to purchase special equipment for the school.
74
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The encouragement of such common intellectual and cultural activities is (23
the most important single influence in the development of a feeling of inter-
dependence among the people of the Trust Territory. The mingling of young
people from all areas at educational centers within and without the Territory,
teachers' associations, increasing facility in a common language, contact by
radio, and distribution of films, news, and literature, all will better acquaint
the Micronesians with one another and contribute to a recognition and solution
of their similar problems.
75
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PETITIONS TO THE TRUSTEESHIP COUNCIL
The following table contains page references to
the material in the report indicating the action
taken by the Administering Authority on the rec-
ommendations of the trusteeship council at its
Eighth Session on March 13, 1951, in respect to the
petitions submitted by the inhabitants of the Trust
Territory of the Pacific Islands (T/865, T/866,
T/867, T/868, T/869, T/870, T/871).
Petition from the Commissioner and the Elected
Page
Petition from the Peoples' Representative and
People of the Village of Tanapag (T/Pet. 10/11)__
Page
15
Village Council of Luta (T/Pet. 10/1)
9
Petition from the House of Council and the House
Petition from the Palau Congress and the Palau
of Commissioners, Saipan (T/Pet. 10/5) ---
11
Council on Behalf of the Palau Islands (T/Pet.
Petition from the Chairman of the High Connell
10/2) 32, 33, 35, 36, 45, 49, 52, 63, 64,
Petition from the Women of Palau (T/Pet.
68,
72
of Saipan (T/Pet. 10/6) 33, 39, 45, 50,
Petition from the Iroijs of the Marshall Islands
69,
72
10/3) 18,
48,
59
(T/Pet. 1.0/7) 17, 33,39,
45,
47
76
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CONCLUSIONS AND RECOMMENDATIONS OF THE TRUSTEESHIP COUNCIL
The following table contains page references to
the material in. the report indicating the action
taken by the Administering Authority with regard
to the conclusions and recommendations approved
Page
Democratization of Local Government 17, 18
Passage of Organic Act 9
Establishment of Seat of Government 15
Transfer of Administration IV, V,
Retention of Naval Personnel in New Administra-
tion V
Training of Personnel for New Administration V
77
by the Trusteeship Council at its Eighth Session on
March 12,1951, with respect to the Trust Territory
of the Pacific Islands (S/2069) .
Page
Diversification and Development of Economy
29-32
Encouragement of Fishing Industry
36
Encouragement of Copra Industry
35, 313
Redemption of Japanese Currency
45
Settlement of Land Claims
33-34
Increase in Numbers of Teachers
70
Establishment of Libraries
70
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STATISTICAL APPENDICES
I. Population
These Statistics Cover Permanent Residents
A. Past Population Growth and Present Numbers.
(1) Trust Territory Over-all Population:
Only
1047 1
1948 2
1940 3
1950 3
1951 3
Nationality
Males
Females
Total
Males
Females
Total
Males
Females
Total
Males
Females
Total
Males
Females
Total
American 3
16
15
31
14
14
28
25
11
36
33
15
48
23
18
41
Native
24, 308
23, 015
47,123
26, 050
25, 189
51, 239
26,824
25, 762
52, 656
27, 734
26, 565
54, 299
28, 422
27, 308
55, 730
Other
55
25
80
121
87
208
, 402
33
435
3 459
37
496
5 378
29
407
Grand total
24, 379
28, 055
47, 434
26, 185
25, 290
51, 475
27, 321
25, 806
53, 127
28, 226
26, 617
54, 843
28, 823
27, 355
56, 178
Figures for 1947 are based on incomplete field reports and on best estimates
where required.
2 Figures for 1948 are based on fairly accurate field reports.
(2) Trust Territory Indigenous Population:
3 Figmes for 1949, 1950, and 1951 are based on census reports believed to be
accurate.
"Americans," exclusive of Administration or Military Personnel.
4 Figures include Japanese workers on Angaur.
Race
1947 1
1948 2
1949 3
1950 4
1951 4
Mule's
mFaie-s
Total
Males
inFats
Total
Males
raFa7e-s
Total
Males
inFa7c-s
Total
Males
Total
Chamorro
2,026
1,037
3,063
2, 400
2, 350
4, 750
3,326
2,446
4,072
2,607
2, 524
5,131
2,661
2, 582
5, 243
Carolinian
18, 182
17,335
35, 517
18, 266
17, 728
35, 994
18, 492
17, 594
36, 086
19, 202
18,271
37,473
19,608
18, 788
38, 486
Marshallese
4,100
3,743
7,843
5,384
5, 111
10, 495
5,473
5, 329
10, 802
5, 590
5,443
11,033
5, 723
5, 576
11,299
Polynesian
403
393
796
326
336
662
340
362
702
Grand total
24,308
23,015
47, 323
26, 050
25, 189
51, 239
26, 894
25, 762
52, 656
27,725
26, 574
54, 299
28, 422
27, 308
55, 730
Figures for 1947 are based on incomplete field reports and on best estimates
where required.
2 Figures for 1948 are based on fairly accurate field reports.
B. Birth and Mortality Rates:
(1) Births: 31.3 per thousand of population.
(2) Deaths: 9.3 per thousand of population.
(3) Infant Mortality: 42.5 per thousand live
births (of children 1 year of age or
less).
(4) Mean expectation of life (estimated) :
a. Males: 50-55 years.
b. Females: 53-55 years.
(5) Prospects of population. growth: Excel-
lent, since the birth rate is more than
three times the death rate.
79
3 Figures for 1049 have been adjusted to show later corrections.
4 Figures for 1950 and 1951 are based on reports believed to be accurate.
C. Population Distribution by Occupation and
Educational Levels:
Statistics are not available.
During the past 5 years, approximately 20 per-
cent of the population has received formal educa-
tion. Production of copra, trochus, and handicraft
and subsistence agriculture and fishing are the
main occupational pursuits. Less than 5 percent
of the population is engaged in other activities
such as administrative and professional work or
employment by the Administering Authority.
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D. Population ensity and Distribution:
The most accurate picture of distribution of
population, from the demographic point of view,
is to be found in a breakdown by islands and
atolls. It will be noted that there is a significant
over-all difference in density between the "high"
and the "low" islands. The following table gives
populations both by Districts and by islands or
atolls :
I >Istria
Population
Area
(square
miles of
dry land)
Density per
square mile
SAIPAN DISTRICT
Saipan__
5, 059
47. 46
106. 6
405
39. 29
10. 3
Rota
753
32. 90
22. 9
Alamagan_
145
4. 35
33. 3
Agrihan_
144
18. 29
7. 9
District total
6, 506
142.29
45. 7
PA LAU DISTRICT
Palau Islands (group)
6,578
189. 00
34. 8
Yap Islands (group)___ _
2, 773
38. 67
71. 7
Ulithi Atoll
473
1. 80
262. 8
Ngulu Atoll
49
. 17
288. 2
Fais Island_
237
1. 08
219. 4
Sorol Atoll
10
. 36
27. 8
Eauripik Atoll
147
. 09
1, 633. 3
Malik Atoll
253
. 57
443. 9
Faraulep Atoll
120
. 16
750. 0
Lamotrek Atoll
147
. 38
386. 8
Satawal Island
234
. 51
458. 8
Elato Atoll_
38
. 20
190. 0
IrVoleal A-toll
403
1. 75
230. 3
Merir Island
8
. 35
22. 9
Pub o Anna Island
9
. 31
29. 0
Sonsorol Island
123
. 74
166. 2
Tobi Island
138
. 23
600. 0
District total_ __ _
11,740
236. 37
49. 7
TRUK DISTRICT
Truk Atoll
10, 277
37. 00
277. 7
Etal Atoll_
227
.73
311.0
Lukunor Atoll
838
1.09
768.8
Losap Atoll __
728
. 39
1, 866. 7
Namoluk Atoll
235
. 32
734. 4
Satawan Atoll
1, 377
1. 76
782. 4
80
District
Population
Area
(square
miles of
dry land)
Density per
square mile
Nama Island
Murilo Atoll
Noinwin Atoll
Namonuito Atoll
Pulap Atoll
Pulawat
Pulusuk Island
District total _
PONAPE DISTRICT
607
358
174
328
191
250
198
. 29
. 50
. 72
1. 71
.381
1. 31
1.08,183.3
2, 093. 1
716. 0
241. 7
191. 8
502.6
190. 8
15,788
47.28
333.9
Ponape Island
6, 517
129. 04
50. 5
Kusaie Island__
1, 952
42. 32
46. 1
Mokil Atoll
307
. 48
639. 6
Pingelap Atoll
623
. 68
916. 2
Ngatik Atoll
296
. 67
441. 8
Nukuoro Atoll
218
. 64
340. 6
Kapingamarangi Atoll
484
. 52
930. 8
District total _
10, 397
174. 35
59. 6
MARSHALL ISLANDS DISTRICT
Ailinglapalap Atoll
788
5. 67
139. 0
Ailuk Atoll_ _
401
2. 07
193. 7
Arno Atoll_
1, 184
5. 00
236. 8
Aur Atoll_
517
2. 17
238. 2
Ebon Atoll
799
2. 22
366. 0
Jaluit Atoll _ .
1, 177
4. 38
268. 7
Kill Island _ .
174
. 36
483. 3
Kwajalein Atoll
1, 095
6. 33
173. 0
Lae Atoll
144
. 56
257. 1
Lib Island
47
.36
130.6
Likiep Atoll
724
3. 96
182. 8
Maloelap Atoll
484
3. 79
127. 7
Majuro Atoll
1, 292
3. 54
365. 0
Mejit Island
331
.72
459.7
Mille Atoll
295
6. 15
48. 0
Namorik Atoll
444
1. 07
414. 0
Namu Atoll
400
2. 42
165. 3
ongelap Atoll
112
3. 07
36. 5
Iljae Atoll
265
. 72
368. 1
Ujelang Atoll
158
. 67
235. 8
Utirik Atoll
178
. 94
189. 4
Wotho Atoll
30
1.67
18.0
Wotje Atoll
260
3. 16
82. 3
District total
11,299
61. 00
185. 2
Grand total
55, 730
661. 29
84. 3
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II. Administrative Structure of Government
A. Nonindigenous Employees as of June 30, 1951:
Position
Civilian Rate
Naval Officer
Enlisted
man
Race
Sex
High Commissioner
GS-18
W
M
Administrative Assistant
GS-9
W
F
Chief of Staff
CAPT _
W
M
Deputy High Commissioner
GS-15
W
M
Secretary
GS-6
W
F
Administrative Officer
GS-11
Clerk-Steno
GS-4
Historian
LT
W
F
Personnel Officer
GS-13
W
M
Do
OS-11
W
M
Personnel Assistant
GS-9
W
F
Personnel Clerk
OS-6
Do
GS-4
W
F
Do
GS-4
W
F
Clerk-Steno
GS-4
W
F
Clerk-Typist
GS-3
W
F
Do
GS-3
F
Do
GS-3
W
F
Finance and Supply Administrative Officer_
LCDR
W
M
Clerk-Steno
GS-4
F
Budget Specialist
GS-12
AIT
m
Fiscal Accountant
GS-9
W
M
Cash Accounting Assistant
GS-7
W
F
Fiscal Accounting Clerk
GS-6
W
F
Do
GS-4
W
F
Do
GS-4
W
F
General Supply Officer
GS-12
W
M
Purchasing Agent
GS-9
W
M
Property and Supply Assistant
GS-9
W
M
General Supply Assistant
MI
Storekeeper
W
M
Supply, Requisition, and Distribution Clerk
GS-5
W
F
Administrative Officer (Administration Department)
GS-14
W
M
Operations Officer
GS-13
W
M
Administrative Officer
GS-11
W
F
Communications Officer
Organization and Methods Examiner
GS-9
CDR
w-
m
m
Administrative Assistant, Guam
CDR
W
M
Mail and File Supervisor
GS-5
W
F
Clerk-Steno
GS-4
W
F
Clerk-Typist
GS-3
W
F
Do
GS-3
W
F
Mail and File Clerk
GS-3
W
F
Messenger
CPC-3
W
M
Do
General Engineer
GS-13
W
w-
M
m
Do
GS-12
W
M
Architect
GS-12
W
M
Engineering Draftsman
GS-6
W
F
Clerk-Steno
GS-4
W
F
Construction Engineer
GS-12
W
M
Construction Superintendent
GS-10
W
M
Operator Automotive Equipment, Snapper
Wage Board_
W
M
Snapper Carpenter_
W. B
W
M
Snapper Electrician
W. B
W
M
81
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Position
Civilien Rate
Naval Officer
Enlisted
_
Race
1
Sex
Snapper Plumber
W B
V
M
Clerk-Steno
GS-4
F
Clerk-Typist
GS-3
F
Education and Training Specialist
GS-13
M
Do
LCDR
M
Do
GS-11
F
Do
GS-11
NI
Do
GS-9_
NI
Editorial Clerk
GS-4
W
F
Clerk-Steno _
GS-4
W
F
Clerk-Typist
GS-3_
W
F
Education and Training Specialist (PITTS)
GS-10 .
W
F
Do
GS-9
M
Do
GS-7
Ay'
F
Do
GS-7
W
F
Do
GS-7_
W
F
Political Affairs Officer
[CDR
W
M
Economist
GS-13.
M
Anthropologist
GS-12
M
Agriculturist..
GS-12
M
Do
OS-iL.
,$T
:NI
Entomologist
GS- I 2
r
M
Animal Husbandman
GS-11
Guam
ani
n
M
Clerk-Steno
GS-4
W
F
Do
GS-4
F
Medical Officer
GS-14
M
Administrative Officer
GS-12
M
Administrative Assistant
GS-8
W
M
Clerk-Steno '
GS-4
W
F
Medical X-ray Technician
GS-9
W
M
Plantation Manager
GS-11
W
M
Chief Justice
CDR
W
M
Judge
GS-13
AAT
M
Trial Attorney
GS-11
W
M
Shorthand Reporter
GS-7
F
Do
GS-7
F
Attorney Advisor
GS-13
W
M
Legal Advisor, Land and Claims
GS-9 _
Attorney Advisor
GS-11.
W
F
Protective Services Supervisor
WO, USMC_
_ _
W
M
Clerk-Steno
GS-4
W
.F
SAIPAN
Administrative Officer
GS-13A
t"
M
Administrative Assistant
Secretary
GS-9 _
GS-5
1,
T
W
M
F
Communications Specialist
GS-9
W
M
Do
x
Ny
m
Radio Mechanic
X
W
M
Education and Training Specialist
GS-11
W
M
Teacher (General)
GS-7
W
F
Principal
GS-9..
W
M
Education and Training Specialist
GS-9
W
IF
Teacher (General)
GS-5
W
NI
Do
GS-5..
W
M
Civil Affairs Officer
GS-11
W
M
Anthropologist
GS-9. _
W
M
Clerk-Steno
GS-4
W
F
Medical Officer
GS-12
Nic
M
82
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Position
Civilian Rate
Naval Officer
Enlisted
Race
Sex
Dental Officer (Alien)
OS-11
One
ntal
M
Administrative Assistant
GS-8
W
M
Sanitation Inspector
OS-7
W
M
Finance and Supply Administrative Officer
GS-10
W
M
Fiscal Accounting Clerk
GS-6
W
F
General Supply Clerk
GS-6
W
M
Clerk-Typist
GS-4
W
M
General Engineer
OS-11
W
M
Leadingman Public Works
W. B
NV
M
Snapper Carpenter
W. B
W
M
Leadingman Public Works
W. B
W
M
Snapper Plumber
W. B
W
M
Snapper Electrician
W. B
W
M
Snapper Refrigerator Mechanic
W. B
W
M
Snapper Auto Mechanic
W. B
.
W
M
Snapper Diesel Mechanic
W. B
W
M
Clerk-Typist
GS-3
W
F
TINIAN
Medical Officer
LTJG
W
M
Administrative Assistant
GS-8
W
M
Clerk (Typing)
GS-4
W
F
Leadingman Public Works
NV. B
W
M
Snapper Public Works
W. B
W
M
Agriculturist
GS-9
W
M
KOROR
Administrative Officer
GS-13
W
M
Administrative Assistant
L CDR
W
M
Secretary
GS-5
W
F
Communications Specialist
X
W
M
Do
X
W
M
Radio Mechanic
X
W
M
Education and Training Specialist
GS-11
NV
M
Principal
GS-9
W
M
Education and Training Specialist
GS-9
W
M
Teacher (General)_
GS-7
W
F
Do
GS-5
W
M
Civil Affairs Officer ,
Anthropologist
GS-9
LTJG
W
W
M
M
Medical Officer
LT
NV
M
Medical Officer (D. P.)
GS-12
NV
M
Dental Officer
GS-11
W
M
Administrative Assistant
GS-8
W
M
Sanitation Inspector
GS-7
W
M
Clerk-Typist
X
W
M
Finance and Supply Officer
LT
w-
m
General Supply Clerk
GS-6
W
M
Fiscal Accounting Clerk
GS-6
NV
M
Clerk (Typing)
X
W
M
General Engineer
GS-11
W
M
Leadingman Public Works
X
W
M
Snapper Carpenter
W. B
W
M
Snapper Plumber
X
W
M
Snapper Electrician
W. B
W
M
Snapper Refrigerator Mechanic
X
W
M
Snapper Auto Mechanic
X
W
M
Snapper Diesel Mechanic
X
W
M
illorlr-Tvnist,
GS-L
NV
F
83
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Position
YAP
Administrative Officer
Anthropologist
Administrative Assistant
Secretary
Communications Specialist
Do
Radio Mechanic
Leadingman Public. Works
- Snapper Public Works
Medical Officer_
Medical Officer (D. P.)
Administrative Assistant
Clerk-Typist ?
Education and Training Specialist
Teacher (General)
Do
Civilian Rate
GS--9
GS-7
GS-5
TRUK
Administrative Officer
Administrative Assistant_
Secretary
Communications Specialist
Do
Radio Mechanic
Legal Advisor
Education and Training Specialist.
Principal
Education and Training Specialist
Teacher (General)
Do
Do
Do
Civil Affairs Officer
Anthropologist
Clerk-Steno
Medical Officer
Medical Officer (D. P.)
Dentist
Adndnistrative Assistant
Sanitation Inspector
Medical Technician
Medical Records Librarian
Clerk-Typist
Finance and Supply Officer
Fiscal Accounting Clerk_
General Supply Clerk
Clerk (Typing)
General Engineer
Leadin.gman Public Works
Snapper Carpenter
Snapper Plumber_
Snapper Electrician
Snapper Refrigerator Mechanic
Clerk-Typist_
Snapper Auto Mechanic
Snapper Diesel Mechanic
W. B
GS-12
GS-12
GS-8
GS-3
GS-10
GS-7
GS-5
GS-9
GS-5
GS-9
GS-7
GS-9
GS-9
GS-7
GS-5
GS-5
GS-5_
GS-11
GS-9_
GS-4
GS-12
GS-12.
GS-11
GS-8_
GS-7_
GS-7_
GS-5
GS-3
GS-10.
GS-6_
GS-6
GS-4.
GS-11
W B
W. B_
W. B_
W. B.
GS-3
W. B
Naval Officer
Enlisted
Race
Sex
LT
W
M
W
M
W
M
W
M
X
tkAT
M
X
W
M
X
W
M
X
W
M
W
M
W.
AT
M
m
W
M
V
F
W
M
W
F
),AT
M
LcDrt
V
m
-m
V
F
W
M
X
W
M
X
M
M
LT
M
V
M
W
M
W
F
W
M
W
F
M
M
F
M
M
M
M
M
M
NV
liV
F
F
W
M
W
M
?
A,V7
FEY'
W
M
?
X
W
M
W
M
IV
M
W
M
W
M
F
X
liV
W
M.
M
84
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
District Administrator
Administrative Assistant_
Secretary
Communications Specialist
Do
Radio Mechanic
Education and Training Spe
Principal
Education and Training Spe
Teacher (General)
Do
Civil Affairs Officer
Agriculturist
Anthropologist
Medical Officer
Do
Do
Dental Officer
Administrative Assistant
Sanitation Inspector
Clerk-Typist
Finance and Supply Officer
General Supply Clerk
Fiscal Accounting Clerk
Clerk (Typing)
General Engineer
Leaclingman Public Works_
Snapper Carpenter
Snapper Plumber
Snapper Electrician
Snapper Refrigerator Mocha
Snapper Auto Mechanic_
Snapper Diesel Mechanic_ _
Clerk-Typist
Administrative Officer
Secretary
Administrative Assistant
Communications Specialist_
Do
Radio Mechanic
Legal Advisor
Education and Training Spe
Principal _
Teacher (General)
Do
Civil Affairs Officer_
Anthropologist
Clerk-Steno
Medical Officer
Do
Dental Officer
Administrative Assistant
Sanitation Inspector
Clerk-Typist
Finance and Supply Officer
General Supply Clerk
Position
Civilian Rate
Naval Officer
Enlisted
Race
Sex
PONAPE
GS-13
w-
m
GS-9
W
NI
GS-5
W
F
GS-9
W
M
X
W
M
X
W
M
;ialist_
GS-11------------------------w
M
GS-9
W
M
ialist _
(1S-9
W
M
GS-7
W
M
?
GS-,5
W
M
GS-11
W
M
?
GS-10
W
M
(1S-9
GS-12
W
w-
M
m
LTJG
W
M
LTJG
W
M
?
GS-11
W
M
X
W
M
GS-7
W
M
X
W
M
?
GS-10
W
M
GS-6
W
M
X
W
M
?
GS-4
W
F
GS-11
W
M
W. B
W
M
?
W. B
X
W
M
?
nic
W B
W. B
?
X
W
M
X
W
M
GS-3
W
F
MAJURO
GS-13
W
M
GS-3
W
V
OS-9
W
NI
GS-9
W
M
GS-7_
W
M
X
W
M
GS-7
W
M
cialist
GS-11
W
M
OS- -9
_ ....
W
M
OS-3_
W
F
OS-S
?
W
F
GS-1.1
W
M
GS-9
_
ANT
m
GS-4
W
M
LTJG --------------W
M
GS-12
_
W
M
OS-11
W
M
GS-8
W
M
GS-7
W
M
?
GS-3
W
F
GS-10
W
M
GS-6 -
W
M
85
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Position
Civilian Rate
Naval Officer
Enlisted
Ra?
s?
Clerk-Typist
GS-4
W
F
General Engineer
GS-41
W
M
Leadingman Public Works
W. B
W
M
Snapper Carpenter..
W. B
W
M
Snapper Plumber
W. BM
Snapper Electrician
X
;
M
Snapper Refrigerator Mechanic
W. B
V
M
Snapper Auto Mechanic
W. B
M
Snapper Diesel Mechanic
W. B
M
Clerk-Typist
GS-3
F
B. Indigenous (Micronesian) Employees of the
Administration as of June 30, 1951:
(See also p. 53 of text and Statistical Appendix X)
Nom?The various numbered groups used be-
low refer in general to the following classifications
of workers in their respective fields:
Group I: Apprentices.
SAIPAN
Group [I: Unskilled laborers.
Group [II: Semiskilled laborers.
Group IV: Skilled laborers.
Group V: Supervisors, clerks, technicians.
Group VI: Administrative assistants, ac-
countants, interpreters, medic4 practi-
tioners, school principal, etc.
- Group
Admin.
Oper.
Int.
Aff.
Econ.
Edue.
Dist.
Atty.
1'. H.
F. & S.
P. W.
Con-
stab.
Total
Total
Male
Fe
ale
3
2
1
1
4
11
13
II
3
2
1
2 2
6
14
2
16
III
1
2
2
2 2
15
19
39
4
43
IV_
5
5
2
24 13
57
4
89
21
110
V_
1
3
13
31
1
44
5
49
VI
5
16
1
12
10
22
Total
209
44
253
PALAU-
II
1
1
7
1
15
5
14,
6
7
15
36
1
5
16
41
III
3
1
78
6
90
3
93
IV
6
3
4
2
7
119
6
144
3
147
V
6
9
2
4
38
5
62
2
64
VI
4
3
2
8
8
18
13
43
14
57
Total
390
8
418
TRUK
I
II
14
1
25
2
3
49
23
108
9
117
HI
3
4
67
7
27
13
106
15
121
IV
7
1
13
8
6
13
8
51
5
56
V
2
7
1
5
3
1
19
0
19
VI
4
1
11
1
1
18
0
18
Total
302
9
331
86
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
PONAPE
Group
Admin.
0 per.
Int
An:
Econ.
Educ.
Dist.
Atty.
P. H.
F. & S.
P. W.
Con-
stab.
Total
Total
Male
Female
I
,
II
3
55
1
3
8
88
150
8
158
III
1
15
9
6
2
7
2
15
12
64
5
69
IV
3
5
3
6
10
4
29
2
31
V
4
3
2
12
3
18
6
24
VI
?
1
1
1
2
1
3
Tot al
263
22
285
VI
Total
MARSHALL ISLANDS
1
1
0
1
1
1
1
17
5
23
14
61
1
62
2
1
6
16
1
21
3
50
0
50
1
17
3
5
6
8
28
1
68
1
69
4
3
1
2
7
11
3
10
2
38
5
43
4
2
3
1
4
3
1
2
6
1
27
0
27
245
7
252
III. Justice and Penal Administration
A. Tabulation of Convictions for Major Offenses During Year Ending June 30, 1951:
Major Offenses
Murder, first degree
Murder, second degree
Mayhem
Voluntary manslaughter
Involuntary manslaughter
Carnal knowledge
Attempted carnal knowledge
Aggravated assault
Larceny from a dwelling
Grand larceny
Violation of shipping control regulation
Escape
Number of
Convictions
Sex of
Offenders
Sentence Imposed
2
1 M
Life imprisonment.
1 F
1
M
15 years.
1
M:
2 years.
1
M
18 months.
3
M
1 offender, 1 year.
1 offender, 18 months and $100 fine.
1 offender, $100 fine.
1
M
4 years (last 2 years suspended).
1
M
1 year.
1
M
3 years.
2
M
1 offender, 3 years.
1 offender, 1 year (suspended).
2
M
1 offender, 6 months and $100 fine.
1 offender, 2 years.
2
M
1 offender, 6 months and $100 fine.
1 offender, 5 months and $85 fine.
6
4 M
2 offenders, 6 months (suspended).
2 offenders, 3 months (suspended).
2 F
Warning.
87
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
B. Prison IMPillioarocit ::-.1)rr?eli?oasJeu?y0f3/10t,t(li .3...iliff)IDIF,V700453R000100300013-8
Total number persons committed
Average number inmates
Females committed 1
Number of cells and wards:
Cells
Wards
Number of cubic feet sleeping space per prisoner
Breakdown into Chamorros, Carolinians, others not indi
. to particular area committed:
Chamorros
Carolinians
Marshallese
Filipinos__
Figui es for females committed are for final quarter only.
Saipan
. Palau
Truk
Ponape
Marshalls
Kovor
Yap
19
42
11
30
1
12
9
20
14
12
8
4
0
3
0
0
0
0
20
2
2
1
9
2
3
1
1
3
0
0
413
377
168
1,703
615
324
enous
9
10
42
11
30
17
11
1
C. :Dietary Scale for Prisoners:
Dietary scale for all Civil Administration jail
prisoners is 2,500-3,000 calories or more per day.
Prisoners in the Saipan jail receive the diet served
in the Civil Administration Dispensary mess.
Prisoners in the Marshall Islands jail receive the
same diet as native Civil Administration Unit
A. Local Revenues:
employees. At other Civil Administration jails
prisoners are allowed to have native food con-
tributed by their families and friends to supple-
ment that provided by Civil Administration.
Local foods are used as far as practicable, imported
foods to the extent necessary to maintain the above
minimum.
IV. Public Finance
Local Revenues
1948
1949
1950
1951
Internal Revenue tax
$26,
698.
32
$44,
525.
27
$28,
593.
76
46, 486.
93
Processing tax
120,
042.
97
109,
956.
34
131,
962.
58
1,86,
389.
90
Import tax
12,
524.
18
3,
340.
76
Rent of land and facilities
1,
538.
89
530.
88
575.
95
3, 671.
94
Alien property fund
767.
22
76,
396.
78
Fines and court fees
965.
00
17,
192.
00
10,
531.
76
4, 245.
05
Fees and service charges
9,
442.
32
15,
565.
31
25, 351.
78
Miscellaneous sales
1,
592.
55
116.
00
73, 420.
23
Dividends (ITC)
100,
000.
00
Miscellaneous collections
37.
00
4,
974.
74
1149,
382.
33
6, 760.
89
Total
162,
573.
58
367,
951.
64
336,
727.
69
_L..
346, 326.
72
I This item was almost entirely the previous revenue developed under Military Government but not turned over to Trust Territory until Ilseal year 1950.
B. Amounts Available for Expenditures:
The amounts available for expenditure each fis-
cal year depend upon the sum appropriated by
the TJnited States Congress for the Trust Terri-
tory and that portion of the current and past local
revenue which is approved for spending during
the fiscal year involved. Thus, in essence, a limi-
88
tation is placed upon the use of locallY derived
revenue regardless of the amount available or de-
veloped during the year. In addition ti the ap-
propriated funds available directly for expendi-
tures during this fiscal year, $386,400 as made
available for hiring and getting to job site the
replacement personnel for Naval officers and men
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04
and certain construction projects therefor, and
$625,000 was made available for converting of
planes and ships to civilian use, rehabilitation of
certai.n facilities and operation of these planes and
sin PS.
: CIA-RDP58-00453R000100300013-8
An additional $75,000 from local funds was
approved for general use and $45,978 from the
processing tax paid under the Angaur Mining
Agreement was made available for Trust Territory
conservation projects.
Source of Revenue
1948
1949
1950
1951
Appropriated funds
$1,
021,
656
$1,
125,
000
$795,
000
$1,
014,
000
Local funds used In meeting costs of administration
275,
000
605,
000
421,
326
Special appropriations for projects in connection with adminis-
trative transfer
1,
011,
400
Artgaur Mining Trust Agreement processing tax
45,
978
Total
1,
021,
656
1,
400,
000
1, 400,
000
2,
492,
704
C. Expenditures:
Although figures are available covering the ex-
penditure from local funds as opposed to those
from appropriated funds, it is more practical to
treat the funds coming from the two sources as
one fund. Expenditures from local funds are of
Program
General Administration
Legal and Public Safety
Public Education
Commerce, Industry, and Agriculture
Medical Care, Public Health, and Sanitation
Public Works
Total
The 1951 figures include only the original appro-
priation plus the local fund. The $386,400 made
available for the living and travel of new em-
ployees and $391,900 of the ship and plane con-
version and operation fund were partly utilized.
The balance has been obligated but not expended.
In addition, $38,883 of the Conservation Fund
moneys were spent for projects such as beetle and
pest control, fresh water sources, and the Trust
Territory Agricultural Station.
The following costs not included in the Terri-
torial budget have been reported in the above pro-
()Tams for 1951:
974962-51---7
the same general type as those from appropriated
funds; thus there is no reason to differentiate be-
tween them. Therefore, the expenditures are
added together and indicate how the moneys avail-
able have been apportioned among the six
programs.
1948
1949
1950
1951
$164, 524. 27
85, 837. 92
168, 177. 00
83, 664. 41
294, 862. 02
198, 071. 46
$168, 115. 28
110, 473. 07
338, 048. 49
140, 001. 73
385, 417. 90
242, 398. 77
$151, 267. 81
125, 298. 64
376, 520. 00
112, 237. 97
295, 811. 46
180, 946. 93
8211, 000
159, 000
385, 509
65, 000
299, 000
227, 000
950, 137. 08
1, 384, 435. 24
1, 242, 082. 81
1, 346, 509
Actual
Estimated
Total
General Administra-
tion
$852, 000
$4, 104, 000
$4, 956, 000
Legal and Public
Safety
18,200
18,200
Public Education _ _ .
22, 000
0
22, 000
Commerce, Industry,
and Agriculture_ _ _ _
23,400
23,400
Medical Care, Public
Health, and Sanita-
tion
191, 000
0
191, 000
Public Works
1, 000, 000
0
1, 000, 000
Total
2, 106, 000
4, 104, 000
6, 210, 000
89
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
The actual figures cover detailed reports from C. Exports of Principal Commodities:
Civil Administrators for moneys and material
made available through other Navy appropria-
tions. The estimated figure is an estimate of the
cost of supply, communications, plane and ship
service to the Civil Administrators. No attempt
has been made to estimate cost of "free" material
shipped to Civil Administrators without charge
in many instances.
V. Taxation
For information concerning taxes, see pages
45 and 46.
VI. Trade
A. Total Volume of Trade:
(1) Bullion and specie, fiscal 1951: 1
Imports and Ex-
ports of Bullion
0
Currency
Imports
$150, 000
Currency
Exports
$275, 000
1 Estimated. These figures represent the operations of the Island Trading
Company only. Most currency imports are made through military agents
and the Bank of America and are not reported here.
(2) Imports:
IT C
Other Im-
porters
Mail Order
(estimated)
Total Value
$1, 529, 026.
13
$594, 148
$100, 000
$2, 223, 174.
(3) Exports:
Domestic
$2,213,621.64
Re-ex-
ports
Total Value
0
$2, 213, 621. 64
Commodity
Value
Copra
$1,
296,
081.
59
Handicraft
34,
090.
42
Trochus
82,
531.
78
Phosphate 2
741,
935.
00
Fruits and vegetables
35,
742.
53
Miscellaneous 3
23,
240.
32
Total
Percent to--
,
, 'United
Japan States
Guam
98
10iod0
2
100
100
100
$2,213,621.64
1 Valued at price realized by original producers.
2 Valued at price of Florida phosphate f. o. b. mines.
Trepang, canors, fish, coir fiber, charcoal, sponges, coconut oil, tortoise
shell.
D. Re-export and Transit Trade.: None.
E. Tariff Schedules Covering Imports and Ex-
ports: There are no tariffs effective on im-
ports and exports in the Trust Territory.
.F. Islami Trading Company Balance Sheet and
Profit and Loss Statement:
Island Trading Company of Micronesia, Balance Sheet,
June 30, 1951
ASSETS
Current assets:
Cash on hand
Cash in banks
$110,
134,
864.
064.
71
97
8244, 929. 68
Investment in obligations of the United
13 States at cost plus accrued interest_ 1, 071, 192. 19
Accounts and notes re-
B. Imports of Principal Commodities:
Same as A (2) above. Imports originated in
the United States except for $190,493.51 of pur-
chases from Japan (year) ; $53,739 from Thailand
(last quarter only) ; $5,500 from Australia (last
quarter only).
90
ceivable, trade
Less: Allowance for
doubtful ac-
counts
$148,
9,
829.
000.
41
00
Inventories, at cost or
market, whichever
lower:
On hand
1,
241,
716.
38
In transit between
branches
224,
536.
48
139,829.41
,
1,
466,
252.86
Deposits in Naval Work-
ing Fund
17,321.82
Deposits on letters of
credit
55,694.41
73,
016.
23
Total current assets
$2,
995,
220
37
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Investment in handi&aft shops, hotels, and COST AND EXPENSES
commissaries, at net book value
Property and equipment at nominal value_
LIABILITIES AND CAPITAL
$3,708.84
1. 00
$2, 998, 930. 21
Current liabilities:
Accounts payable
U. S. Navy
Accrued expenses
Customers deposits
Taxes payable, Trust Territory
Accrued and withheld payroll taxes__ _
$207, 506. 14
1,016. 98
43, 641. 93
3, 630. 64
89, 533. 35
2, 197. 15
Total current liabilities 347, 526. 19
Provision for subsidies 1, 801, 713. 58
Liability for loan of Navy-owned
equipment
Total liabilities.
Capital:
Capital Stock:
Authorized and is-
sued, 10 shares
no par value_ _ _ _
Earned surplus:
Reserved for
self insur-
ance $176, 208. 21
Reserved for
fostering
new enter-
prise 153, 809. 89
Unreserved_ 519, 670. 34
81. 00
1. 00
$2, 149, 240. 77
849,688.44
Total capital 849, 689. 44
$2, 998, 930. 21
Island Trading Company of Micronesia, Statement of Profit
and Loss for the Fiscal Year Ending June 30, 1951
INCOME
Sale of commodities:
Trade goods
Copra
Handicraft
Trochus
Other native products
$1, 706, 515. 10
2, 177, 029. 07
51, 459. 53
83, 086. 44
8, 262. 07
$4, 026, 352. 21
91
Cost of commodities sold:
Trade goods $1, 133, 396. 94
Copra 876, 395. 27
handicraft 47, 400. 40
Trochus 48, 964. 44
Other native products 5, 665. 89
$2,111,822.94
Expenses:
Administrative salaries
Branch management salaries
Native payrolls
Stevedoring
Freight (other than Navy subsi-
dized)
Insurance
Brokers commissions
Audit
Processing tax?copra
Royalties?trochus
Internal revenue taxes
District sales taxes
Employees FICA taxes
Inventory markdowns and losses_ _ _
Samples and advertising
Copra bags
Construction
Supplies, materials, and equipment__
General and miscellaneous
Travel and per diem
Communications
Bank charges
Provision for uncollectible accounts_
Provision for self-insurance
Provision for copra price stabiliza-
tion
Provision for Navy subsidies
$92, 822. 80,
57, 155. 29
72, 042. 26
105, 963. 86
168, 784. 76
13, 880. 22
40, 625. 91
3, 000. 00
239, 480. 98
6, 547. 66
29, 640. 85
1 6, 340. 30
890. 20
22, 394. 82
1, 072. 70
2 21, 881. 11
7, 019. 27
51, 248. 04
6, 856. 40
13, 401. 50
3, 127. 43
3, 626. 52
7, 569. 57
54, 149. 28
173, 915. 77
426, 497. 63
$1, 629, 935. 13
Total costs and expenses $3, 741, 758. 07
Net operating profit $284,594. 14
Add: Other income (expense):
Investment income
Transshipment income (net)
Loss from operation of handicraft
shops
Loss from 6peration of commissaries_
Loss from operation of hotels
Miscellaneous
Cash over and (short)
Final collection on prior year copra
sales
Net profit (loss) fiscal year _
l'reviously charged to inventory.
2 previously charged to supplies and inaterial.3.
$14, 907. 86
2, 665. 65
(1,440. 13)
(754. 41)
(988. 62)
3, 788. 09
(315. 98)
(1, 638. 87)
815, 423. 59
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
$300, 017. 73
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
VII. Enterprises and Business Organizations (2) Livestock:
A. Incorporated Industrial and Trading Estab-
lishments and Enterprises in Urban and
Rural Areas: Ten (10). (See also p. 40.)
B. Cooperative Societies, Credit Unions, and
Membership: None.
VIII. Housing
A. Number of Dwellings and Number of Persons
per Room in Urban Areas: There are no
urban areas.
B. Dwellings Commenced and Completed During
the Year:
District: Number
Saipan 89
Palau 85
Truk 58
Ponape 123
Marshall Islands 94
Total 449
C. Public Structures Built During the Year:
District:
Saipan
Palau
Truk _
Ponape
Marshall Islands
Total
IX. Production
A. Agriculture:
Number
4
19
2
13
31
69
(1) Principal crops:
Harvest
(short tons)
Crop
Estimated
Acreage
Maize
125
98
Sorghum
10
6
Taro, yautia, arrowroot
1,200
4,800
Sweetpotatoes
950
3,800
Cassava
1,375
5,700
Sugarcane
35
80
Copra
38,500
15,420
Breadfruit
9,400
7,500
Oranges
45
25
Mangoes
1,200
2,500
Limes
150
100
Bananas
800
1,550
Plantains
40
120
Coffee
400
10
Papaya
12
20
92
Category
Number
Horses
Cattle
Carabao
Swine
Goats
Chickens
Ducks
Beehives
B. Mines:
MINERALS AND MINES
5
1, 536
140
7, 800
3, 900
22, 300
700
20
Number of
Mines
Mineral
Amount
(long tons)
Value
Number of
Workers
Tons per
Worker
(per Year)
Phes-
phate
143,738
8741,935
410
350
C. Industries:
There are no industries in the factory Sense in
the Trust Territory. Economic activity centers
around the production of copra, trochus shell,
boats, and articles of handicraft. The majority
of the indigenes participate in all these activities,
except boat building. No surveys of workers by
sex or race have been made because the work is
usually performed on an individual basis.
D. Fisheries:
Commercial fishing is not concluded to ttny ap-
preciable extent in the Territory. The largest
commercial fishing company is the Saipan Fishing
Company which has three small vessels. 1 Other
persons are licensed to fish but the operations are
sporadic and seasonal and the sales are local.
Trochus is the only economically important shell
in the Territcry.
X. Labor
A. Employment :
(1) Number of workers (as of June 30,
1951) :I
(a) Civil Administration employees (in-
cluding Constabulary) :
See also p. 53, and Statistical Appendix No. H B.
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
(b) Rates applying to Saipan:
District
Wage
Workers
Salaried
Total
Workers
Constab-
ulary
Saipan
159
69
25
253
Palau
276
117
25
418
Truk
209
76
46
331
Ponape
237
28
20
285
Marshall Islands
147
84
21
252
Total_ _
1, 028
374
137
1,539
Saipan
Palau
Truk
Ponape
Marshall
(b) Professional Employees:1
District
Medical Medical
tional
Total
59
12
71
47
32
79
88
53
141
28
11
39
Islands
52
7
59
)tad
274
115
389
I Also included in A (I) above.
Group
(e)
Employees of Angaur phosphate
mine: 370 Japanese nationals and
40 indigenes.
(2) It is estimated that approximately 300
indigenous workers are employed at a
distance from their homes (i. e., Guam).
(3)
Average rates of wages:
(a) Rates of wages applying to Trust
Territory except Saipan:
Classification
Hour
Week
Month
Apprentices
$0. 05
$2. 000
$8. 00
Laborers
$0. 09-. 12
$3. 60-4. 80
$14. 40-19. 20
Laborers, semiskilled
. I3-. 16
5. 20-6. 40
20. 80-25. 60
Laborers, skilled
. 165-. 175
0.00-7. 00
26. 40-:i8, 00
Supervisors, clerks
37. 50-50. 00
Administrative assist-
ants, accountants, in-
terpreters.
50. 00-105. 00
93
Group
Classification
Hour
Week
Month
I
Helper trainees__
$0. 185-40. 30
$7. 40-112. 00
$29. 60-$48. 00
H
Laborers
. 37
14. 80
59. 20
III_ __ _ _
Laborers, semi-
skilled.
.44- .48
17. 60- 10.20
70. 40- 70.80
IV
Laborers, skilled _ _
. 52
20. 80
83. 20
Storekeepers
.0209
27.25
105.00
Snappers
. 58
V
Foremen
. 72
Senior clerk
. 793
31. 75
127. 00
Technicians
. 59
23. 625
94. 50
VI
Head administra-
1.119
44. 75
179. 00
Eve assistant.
Head agriculturist_
1. 00
40. 00
160. 00
School principal_ __
. 938
37. 50
150. 00
Junior adminis-
trative assistant.
. 91
36. 50
146. 00
(4) Average hours of work per day and per
week: The normal actual hours of work are 8
hours per day and 40 hours per week. Overtime
is not a general practice.
(5) Average earnings per week: See above,
A (3).
(6) Ration scales in force: No rations are
paid in lieu of money except that domestics re-
ceive subsistence in addition to wages. This sub-
sistence consists of a daily diet including 2,500 to
3,500 calories.
' (7) Number of industrial accidents: None.
(8) Number of cases of illness or death due
to occupational diseases: None.
(9) Number and duration of industrial dis-
putes, etc.: None.
B. Unemployment: None. See pages 52 and 53.
XI. Cost of Living
The following is a list of representative items
from the records of the Island Trading Company
of Micronesia. The prices of the commodities
listed are those in effect as of June 30, 1951. This
is in no sense an index of prices and cannot be used
to determine a cost of living index. The major
portion of the population is dependent upon sub-
istence agriculture. For this reason no repre-
sentative price list of foods used by the indigenes
is available. Only a small portion of the food
which makes up the native diet is purchased for
cash.
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Island Trading Company Price List as of June 30, 1951:
Item ?
Unit
Price toaa
Whole-
salers
'' "
Retailers
Price to
smilers
Rice.
Pound
$0. 11
$0. 12
80. 18
Sugar_
_do
13
, 14
. 15
Flour
do
09
10
. 11
Cigarettes, popular
brands
Package
14
. 15
. 1C
Cigarettes, All Jacks _
do
08
.09
. 1C
Copra bags
Each
20
. 21
. 22
Gray shirts
do
1. 15
1. 25
1. 4C
Kerosene
Gallon
. 26
. 28
. 3C
Laundry soap
Bar---------.
06
, 07
Toilet soap
_ _ _do
. 11
. 12
. 18
Sardines
Pound
16
. 17
.Copra knife
Each
. 98
1.04
1. 1C
Shortening
Pound
. 36
. 38
. 4C
Biscuit
do
. 26
. 28
. 2C
Corned beef
12-ounce_ _ _
. 41
. 43
. 4(
Evaporated milk_ _
Can_
. 18
. 19
. 2C
Coffee
Pound
1. 09
1. 16
1. 28
Cotton cloth, aver-
age
Yard
. 40
42
41
XII. Public Health
A. Medical Personnel:
(1) United States medical personnel:
Classification
pan
Palau
Truk
POD-
ay'
Mar-
shall
Islands
Total
Medical
Medical officer (official registered
physicians)
3
2
2
1
8
Dental officer (official registered
dentist)
3
Medical Service Corps officer
0
3
Hospital Corps (enlisted man)
sanitation personnel
4
1
1
Laboratory assistant
2
1
1
4
X-ray technicians and assistant
1
2
1
4
Operating room assistant
0
2
3
Ward corpsman
1
0
2
1
4
Clinic assistant
0
2
1
3
6
Other
3
0
0
4
Total
14
4
12
12
3
45
(2) Indigenous medical personnel:
Classification
Sai-
pan
Palau
Palau
Truk
Pon-

aP?
shall
Islands
Total
Nledical practitioner trained in
Trust Territory schools
2
1
I
2
I
VIedical practitioner trained in
Suva
0
0
0
1
0
1
Medical practitioner trained by
Japanese
nonofficial registered physician or
surgeon
i/ental practitioner trained by
1
0
0
0
0
0
0
0
3
0
i
(
Japanese
nurse, graduate of School of Nurs-
ing, Guam
vlidwifo, authorized to practice
1
1
0
11
1
3
0
4
0
4
21
94
Classification
Sas-
pan
Palau
Truk
Pon-
Mar-
Islandsdslhaanll
s
Total
Health aid, trained male
3
2
69
23
41
138
Health aid, untrained, male
0
11
4
2
2
19
Health aid, dental, trained, male
0
1
2
2
4
9
Nurse aid trained, female
18
7
3
6
0
34
Nurse aid, untrained, female.
5
3
1
0
0
9
Total
39
36
194
57
56
382
B. Hospitals, Dispensaries, and Clinics:
1. Civil Administration Unit Dispensaries: 25-
113 bed general dispensary at Civil _Admin-
istration. Headquarters Staff: 2 or 3 medi-
cal officers -t
2. Civil Administration Unit Subdispensary :
10-25 bed general dispensary at Yap. Staff:
1 medical officer 4
3. Civil Administration Unit Subdispensaries :
8-bed, in-patient care, Ebeye. Staff: 1 medi-
cal practitioner, 2 health aids
7
4. Civil Administration Unit Subdispensaries :
Out-patient care only. Staff: health aids,
nurse aids
Logistic ships transporting medical supplies
and personnel from Civil Administration
Units on regular trips to outlying subdis-
pensaries
6. Medical survey ship: Mobile clinic complete
with X-ray and laboratory equipment.
Staff:: 2 medical officers, 1 dental officer, 1
Medical Service Corps officer, and 12 Hos-
pital Corps enlisted technicians_
7. Tinian Leprosarium: Facilities for 100 lepers.
Staff 1 medical officer, 1 Medical Service
Corps officer, 4 hospital corpsmen, 1 trained
and 1 untrained indigenous nurse aidS
C.
and D. Hospitals and Clinics:
STAFFS AND FACILITIES
1
94
1
1
Sal-
pan
Palau
Truk
Po-
?,.,??
?"Y`
T,Mar-
i shall
slands
Total
Wards.
Beds
Medical officers
Medical Service Corps officers_ __
Hospital Corps, enlisted
Medical practitioners
Dental practitioners
Nurses, indigenous, female
Health aids, male
Dental aids, male
Dental assistant, prosthetic
Nurse aids, female
In-patient treatments, patient
days (indigenes)
Out-patient treatments, patient
visits (indigenes)
In-patient treatments, patient
days (nonindigencs)
Out-patient treatments, patient
visits (nonindigen,zs)
Administrative inspections
12
239
2
1
11
3
1
1
? 3
0
0
23
41,200
6 091
112
786
7
4
107
4
o
2
1:
0,
11
13
o
1
10
25, 950
10, 598
94
393
7
18,
52,
6
66
2
1
9
1
1
3
73
2
0
4
916
524
13
717
8
2
25
3
1
8
2
0
4
25
2
0
6
5, 758
13,825
29
521
6
? 4
28
? 2
0
1
i 1
, 5
? 0
I
: 4
, 43
2
I, 2
0
1
4, 032
, '8, 492
45
I
, 224
[ 7
28
465
13
3
31
12
2
23
157
6
3
43
95, 856
91, 530
293
2,641
35
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
E. Disease statistics:
(1) Prevalence of diseases:
Saipan
Disease
Palau
Truk
sell
ci
Unimproved
Tuberculosis
Upper respiratory infec-
tions
Intestinal parasitism_
Amebias is
Leprosy
Fungus infection of skim
Yaws
Gonococcus infection_
72
25
23
1
112
4
14
22
18
4
42
0
112
16
3
5
1
89
189
38
7
0
7
24
134
5
189
38
7
7
24
134
Unimproved
84
0
0
0
0
0
0
0
196
0, 958
8,001
7
2
4, 846
1,571
19
I Statistics for Truk a -e for period Silly 1, 1950, through Mar. 31, MI.
2 Statistics for the Ma 'shall Islands are for period Apr. 1 through June 30, 1951.
(2) Treatment rendered to indigenous inhabitants:
District
0-8 years
Male
Female
Saipan
52
74
Palau
329
259
Truk _
109
101
Ponape
77
83
Marshall Islands__ .._
88
72
In-patients
8-16 years
Male Female
13 22
98 107
146 172
36 36
72 8
7, 468
6, 338
5
4, 078
604
19
Ponape
Marshall Islands 2
.54
is
035
sell
ci
FT,
34
43
30
21
5
4
10
6
4
431
78
1, 720
1,714
6
2, 941
2, 941
1, 248
1, 248
132
132
0
0
ci
2
0
0
144
144
309
309
476
145
145
648
648
24
24
274
274
Out-patients
Over 16 years
0-8 years
8-16 years
Over 16 years
Male
Female
Male
Female
Male
Female
Male
Female
91
363
L, 370
1, 447
426
586
740
1, 513
390
535
1, 755
1, 391
L, 421
1, 307
2, 210
2, 514
149
244
15, 447
15, 684
11, 412
12, 083
14, 492
13, 564
207
256
2, 302
1, 967
686
014
3, 468
4, 488
144
180
1,828
744
864 516
2,276
2,264
I The reported number of out-patient treatments represents total out-patient visits and not the number of individuals treated.
A. Schools:
Location
XIII. Educational Statistics
Saipan_
Palau
Truk_
Ponape
Marshall Islands
Guam
Suva
Total
Public Ele-
mentary
Public Inter-
mediate
Missionary
Nonassisted
Higher Profes-
Sional
Total
6
1
7
35
2
2
39
45
1
5
1
52
16
1
6
23
36
1
7
44
0
0
0
1
1
0
0
0
2
2
138
6
20
4
168
95
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
Approved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
B. Number of Pupils:
District
Public
Elementary
Male
Mission
Elementary
Public
Intermediate
Male
Female
Male
Female
Female
Saipan
537
441
0
71
48
Palau
949
688
126
134
130
44
Truk _
1, 143
817
296
161
186
13
Ponape _
600
386
324
283
101
8
Marsh all Islands_
588
460
244
192
89
17
Total
3, 817
2, 792
990
770
577
130
C. Number of Teachers:
District
Saipan
Palau
Truk _
Pon ape
Marshall Islands
Total
Elementary
PYI"I'S Public,
Higher Technical
and Professional
Male
16
28
24
14
15
Female
2
2
5
0
Advanced Schools
(Medical, Dental.
and Nursing)
nigh School
on Guam
Suva
Guam
Male
Female
3
16
12
13
7
0
4
0
4
5
11
6
0
0
97
9
Intermediate
Public
enous
Male
Indig-
.Female
Mission
Male
Female
Indigenous
Male
Female
10
14
0
0
3
77
7
5
5
1
55
8
5
8
0
31
3
15 14
3
32
9
14 17
5
205
41
39
44
21 2
51
Nonin dig-
MOUS
Male Female
2
2
3
3
2
4
a
5
2
0
13
17
PITTS
5
Schbols
A I,aoad
13
10
5
118
Indigenous
Male Female
Nonindig-
enous
Male Female
Total
Students
TOtal
embus
1, 137
2, 137
2, 657
1, 738
1, 617
9, 286
Total
Non-
indig-
enous
O 0 0 0 P 6
0 0 0 0 L5 14
2 0 3 3 25
1
0 0 0 0 39 32
O 0 0 0 68 12
I
12 14 2 0 3 2 297 89
--t
I Includes indigenous and nonindigenous teachers. The natives ate all of the Micronesian race. All teachers in elementary schools teach elementary English,
arithmetic, social studies, health, science, industrial arts, vocational subjects, etc. American teachers offer advanced work in these subjects and special subjects.
D. Education Expenditures and Budget:
Educational Expenditures for Fiscal Year
1951:
(a) Types of schools and functions (excluding ele-
mentary school teachers' salaries paid from
local municipal funds) :
Public elementary and intermediate
schools
$189,
489
Public advanced (schools oil Guam
and Soya)
100,
000
Public advanced (PITTS at Truk) _
48,
759
Missionary and private
Administration IIICOMTIMPACIS
(including publications)
46,
181
Other expenses
1,
080
Total
8385,
509
(b) Object items (excluding public advanced schools
at Guam and Suva, and elementary school
96
teachers' salaries paid from local Municipal
funds) :
Personnel, including indigenous__ 11_03, 386
Publications ! 15, 800
Supplies and equipment 15, 243
Scholarships and student subsist-
ence 80, 910
Subsidies to municipalities to aid in
them payment of elementary teach-
ers 9, 090
Other expenses ! 1, 080
$28'5, 503
(c) The expenditures for the educational program
this past year equalled 29 percent of tile total
expenditures for the Trust Territory made from
United States appropriated funds and local
funds.
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E. Missionaries Engaged in Educational Work: ternational trusteeship system tor the aclminis-
District
otal
Num-
ber
Saipan
0
Palau
9
Truk
11
Ponape
27
Marshall
lands.
Ts-}13
Nationality and Num- Number of Each
ber of Each Denomination
10 American
0 Spanish
6 American
1 Spanish
2 German
1 American
7 Spanish
3 German
7 American
8 Spanish
12 Ponapean
110 American
t3 Marshallese
10 Protestant.
0 Catholic.
12 Protestant.
7 Catholic.
3 Protestant.
8 Catholic.
Protestant.
19 Catholic.
16 Protestant.
j7 Catholic.
F. Missionary Societies Engaged. in Educational
Work:
District Number of church schools
Saipan
Palau
Truk
Ponape
Marshall Islands_
None---------
1 (Maryknoll Sisters, Society
of Jesus) Catholic.
1 (American Board of Foreign
Missions) Protestant.
3 (Sisters of Mercy, Society
of Jesus) Catholic.
2 (American Board of Foreign
Missions) Protestant.
4 (Sisters of Mercy, Society
of Jesus) Catholic.
2 (American Board of Foreign
Missions) Protestant.
2 (Sisters of Mercy, Society
of Jesus) Catholic.
5 (American Board of Foreign
Missions) Protestant.
Total
Total
number
of stu-
dents
tration and supervision of such territories as may
be placed thereunder by subsequent agreement;
and
Whereas under Article 77 of the said Charter
the trusteeship system may be applied to terri-
tories now held under mandate; and
Whereas on 17 December 1920 the Council of
the League of Nations confirmed a mandate for the
former German islands north of the equator to
Japan, to be administered in accordance with
Article 22 of the Covenant of the League of Na-
tions; and
Whereas Japan, as a result of the Second World
War, has ceased to exercise any authority in these
islands;
Now, therefore, the Security Council of the
United Nations, having satisfied itself that the
relevant articles of the Charter have been com-
plied with, hereby resolves to approve the follow-
ing terms of trusteeship for the Pacific Islands
formerly under mandate to Japan.
ARTICLE 1
The Territory of the Pacific Islands, consisting
260 of the islands formerly held by Japan under man-
date in accordance with Article 22 of the Covenant
of the League of Nations, is hereby designated as
457 a strategic area and placed under the trusteeship
system established in the Charter of the United
Nations. The Territory of the Pacific Islands is
hereinafter referred to as the trust territory.
607
ARTICLE 2
436 The United States of America is designated as
the. administering authority of the trust territory.
1, 760
There are no cash subsidies or grants-in-aid
allowed missionaries.
Documentary Supplement No. I
TRUSTEESHIP AGREEMENT FOR THE FORMER
JAPANESE MANDATED ISLANDS
PREAMBLE,
Whereas Article 75 of the Charter of the United
Nations provides for the establishment of an in-
0740U2-51- - 8
97
ARTICLE 3
The administering authority shall have full
powers of administration, legislation, and jurisdic-
tion over the territory subject to the provisions
of this agreement, and may apply to the trust terri-
tory, subject to any modifications which the ad-
ministering authority may consider desirable such
of the laws of the United States as it may deem
appropriate to local conditions and requirements.
ARTICLE 4
The administrating authority, in discharging
the obligations of trusteeship in the trust territory,
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shall act in accordance with the Charter of the
United Nations, and provisions of this agreement,
and shall, as specified in Article 83 (2) of the
Charter, apply the objectives of the -international
trusteeship system, as set forth in Article 76 of
the Charter, to the people of the trust territory.
ARTICLE 5
In discharging its obligations under Article 76
(a) and Article 84, of the Charter, the administer-
ing authority shall ensure that the trust territory
sh all play its part, in accordance with the Charter
of the United Nations, in the maintenance of in-
ternational peace and _security. To this end the
administering authority shall be entitled:
1. to establish naval, military and air bases and
to erect fortifications in the trust territory;
2. to station and employ armed forces in the
territory; and
3. to make use of volunteer forces, facilities and
assistance from the trust territory in carrying out
the obligations towards the Security Council
undertaken in this regard by the administering
authority, as well as for the local defense and the
maintenance of law and order within the trust
territory.
ARTICLE 6
In discharging its obligations under Article 76
(h) of the Charter, the administering authority
shall:
1. foster the development of such political in-
stitutions as are suited to the trust territory and.
shall promote the development of the inhabitants
of the trust territory toward self-government or
independence as may be appropriate to .the par-
ticular circumstances of the trust territory and its
peoples and the freely expressed wishes of the
peoples concerned; and to this end shall give to
the inhabitants of the trust territory a progres-
sively increasing share in the administrative serv-
ices in the territory; shall develop their participa-
tion in government; shall give due recognition to
the customs of the inhabitants in providing a
system of law for the territory; and shall take
other appropriate measures toward these ends;
2. promote the economic advancement and self-
sufficiency of the inhabitants, and to this end shall
regulate the use of natural resources; encourage
the development of fisheries, agriculture, and in-
dustries; protect the inhabitants against the loss
CIA-RDP58-00453R000100300013-8
of their lands and resources; and improve the
means of transportation and communication;
3. promote the social advancement Of the in-
habitants and to this end shall protect the rights
and fundamental freedoms of all elements of the
population without discrimination; protect the
health of the inhabitants ; control the tra-ffic, in
arms and omniunition, opium and oiler dangerous
drugs, and alcoholic and other spiritous beverages;
and institute such other regulations aS may be
necessary to protect the inhabitants against social
abuses; and
4. promote the educational advancement of the
inhabitants, and to this end shall take steps toward
the establislunent of a general system of elemen-
tary education; facilitate the vocational and cul-
tural advancement of the population; and shall
encourage qualified students to pursue higher
education, including training on the professional
level.
98
ARTICLE 7
In discharging its obligations under Article 76
(c), of the Charter, the administering authority
shall guarantee to the inhabitants of the trust ter-
ritory freedom of conscience, and, subject only to
the requirements of public order and security, free-
dom of speech, of the press, and of assembly; free-
dom of worship, and of religious teaching; and
freedom of migration and movement.
ARTICLE 8
1. In discharging its obligations under Article
76 (d) of the Charter, as defined by Article 83 (2)
of the Charter, the, administering authority, sub-
ject to the requirements of security, and the ob-
ligation to promote the advancement of the in-
habitants, shall accord to nationals of eaCh Mem-
ber of the Unfted Nations and to companies and
associations organized in conformity with the
laws of such Member, treatment in the trust terri-
tory no less favourable than that accorded therein
to nationals, companies and associations of any
other United Nation except the administering
authority.
2. The administering authority shall ensure
equal treatment to the Members of the 'United Na,-
tions and their nationals in the administration
of justice.
3. Nothing in this Article shall be so construed
as to accord traffic rights to aircraft flying into
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and out of .1.1e trust territory. such riguts snail
be subject to agreement between the administer-
ing authority an(i the state whose nationality such
aircraft possesses.
4. The administering authority may negotiate
and conclude commercial and other treaties and
agreements with Members of the United Nations
and states, designed to attain for the inhabitants
of the trust territory treatment by the Members
of the United Nations and other states no less
favourable than that granted by them to the na-
tionals of other states. The Security Council may
recommend, or invite other organs of the United
Nations to consider and recommend, what rights
the inhabitants of the trust territory should ac-
quire in consideration of the rights obtained by
Members of the United Nations in the trust
territory.
ARTICLE 9
The administering authority shall be entitled
to constitute the trust territory into a customs,
fiscal, or administrative union or federation with
other territories under United States jurisdiction
and to establish common services between such ter-
ritories; and the trust territory where such meas-
ures are not inconsistent with the basic objectives
of the International Trusteeship System and with
the terms of this agreement.
ARTICLE 10
The administering authority, acting under the
provisions of Article 3 of this agreement, may ac-
cept membership in any regional advisory com-
mission, regional authority, or technical organiza-
tion, or other voluntary association of states, may
co-operate with specialized international bodies,
public or private, and may engage in other forms
of international cooperation.
ARTICLE 11
1. The administering authority shall take the
necessary steps to provide the status of citizenship
of the trust territory for the inhabitants of the
trust territory.
2. The administering authority shall afford dip-
lomatic and consular protection to inhabitants of
the trust territory when outside the territorial
limits of the trust territory or of the territory of
the administering authority.
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99
The administering authority shall enact such
legislation as may be necessary to place the pro-
visions of this agreement in effect in the trust
territory.
ARTICLE 13
The provisions of Articles 87 and 88 of the
Charter shall be applicable to the trust territory,
provided that the administering authority may
determine the extent of their applicability- to any
areas which may from time to time be specified
by it as closed for security reasons.
ARTICLE 14
The administering authority undertakes to
apply in. the trust territory the provisions of any
international conventions and recommendations
which may be appropriate to the particular cir-
cumstances of the trust territory and which would
be conducive to the achievement of the basic ob-
jectives of Article 6 of this agreement.
ARTICLE 15
The. terms of the present agreement shall not be
altered, amended or terminated without the con-
sent of the administering authority.
ARTICLE 16
The present agreement shall come into force
when approved by the Security Council of the.
United Nations and by the Government of the
United States after due constitutional process.
Documentary Supplement No. II
GOVERNMENT OF THE TRUST TERRITORY OF
THE PACIFIC ISLANDS
PROCLAMATION No. 1
To the People of the Trust Territory of the Pacific
Islands:
-Whereas the Trust Territory of the Pacific
Islands has been placed under trusteeship system
established in the Charter of the United Nations
by means of a trusteeship agreement, approved by
the Security Council of the United Nations on
April 2, 1947, and by the. United States Govern-
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"tient on July 18, 1947, after due constitutional
process ; and
Whereas the United States of America, under
the terms of the Trusteeship Agreement, has been
designated as the administering authority of the
trust territory and has assumed obligations for
the government thereof; and
Whereas it has been necessary to establish an
interim administration of the Trust Territory of
the Pacific Islands, pending the enactment of ap-
propriate legislation by the Congress of the United
States providing for the future government; and
Whereas the President of the United States, by
Executive Order of July 18, 1947, has terminated
the military government in the former Japanese
Mandated Islands, now the Trust Territory of the
Pacific Islands, and has delegated the authority
and responsibility for the civil administration
thereof, on an interim basis, to the Secretary of
the Navy; and
Whereas the President of the United States has
appointed me to the office of High Commissioner
of the Trust Territory of the Pacific Islands;
Now, therefore, I, Louis Denfeld, Admiral,
-United States Navy, Commander in Chief, Pacific,
and United States Pacific Fleet, and High Com-
missioner of the Trust Territory of the Pacific
Islands, do hereby proclaim as follows :
- All powers of government and jurisdiction in
the Trust Territory of the Pacific Islands, and
over the inhabitants thereof, and final administra-
tive responsibility are vested in me as High Com-
missioner of the Trust Territory of the Pacific
Islands, and will be exercised through subordinate
administrators by my direction.
II
Your existing customs, religious beliefs and
property rights will be respected and existing local
laws and all proclamations, regulations, ordi-
minces and orders of the former military govern-
ment shall remain in force and effect, except in-
sofar as they are not in consonance with the terms
of the trusteeship agreement and the executive
order, and insofar as it may be necessary for me
in the exercise of my powers and duties to change
them.
100
CIA-RDP58-00453R000100300013-8
Given under my hand at Pearl Harbor, T. IL
this 18th day of July, 1947.
L. E. DENFEI4
Admiral, United States Navy, Commander in
Chief, .Pacific, and United States Pacific
Fleet, HIGH COMMISSIONER OF THE
TRUST TERRITORY OF THE PACIFIC
ISLANDS.
Documentary Supplement No. Ill
Executive Order, Number 1026S
TRANSFER OF THE ADMINISTRATION OF THE
TRUST TERRITORY OF THE PACIFIC ISLANDS
FROM THE SECRETARY OF THE NAVY TO
THE SECRETARY OF THE INTERIOR',
Whereas the Trust Territory of the Pacific
Islands (hereinafter referred to as the "Trust
Territory") was placed under the TruSteeship
system established by the Charter of the United
Nations by means of a Trusteeship Agreernent ap-
proved by the Security Council of the United
Nations on April 2, 1947, and by the United States
Government, on July 18, 1947, after due Constitu-
tional process;
Whereas the United States, under the terms of
the Trusteeship Agreement, was designated as the
Administering Authority of the Trust Territory,
and has assumed obligations for the Government
thereof;
Whereas Executive Order Number 9875 of July
18, 1947, delegated authority and responsibility
for the Civil Administration of the Trust Terri-
tory to the Secretary of the Navy on an interim
basis;
Whereas a committee of the Secretaries Of State,
War, the Navy, and the Interior recommended on
June 18, 1947, that administrative responsibility
for the Trust Territory be transferred to alcivilian
agency of the Government at the earliest practica-
ble date;
Whereas plans for the orderly transfer of ad-
ministrative responsibility for the Trust Territory
from the Secretary of the Navy to the Secretary
of the Interior are embodied in a memorandum of
understanding between the Department, of the
Navy and the Department of the Interior, ap-
proved by me on September 23, 1949, anchit is the
view of the two departments, as expressed in that
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memorandum, that such transfer should take effect
on July 1, 1951 ;
Whereas the transfer of administration of the
Trust Territory from the Secretary of the Navy
to the Secretary of the Interior, effective July 1,
1951, appears to be in the public interest;
Now, .therefore, by virtue of the authority
vested in me as President of the United States, it
is ordered as follows:
1. The administration of the Trust Territory
is hereby transferred from the Secretary of the,
Navy to the Secretary of the Interior, such trans-
fer to become effective on July 1, 1951.
2. The Department of the Navy and the Depart-
ment of the Interior shall proceed with the plans
for the transfer of Administration of the Trust
Territory as embodied in the above-mentioned
memorandum of understanding between the two
departments.
3. When the transfer of administration made
by this order becomes effective, the Secretary of
the Interior shall take such action as may be neces-
sary and appropriate, and in harmony with appli-
cable law, for the administration of Civil
Government in the Trust Territory and shall,
subject to such policies as the President may from
time to time prescribe and, when appropriate, in
collaboration with other departments or agencies
of the Government, carry out the obligations
assumed by the United States as the Administer-
ing Authority of the Trust, Territory under the
terms of the Trusteeship Agreement approved by
the United States on July 18, 1947, and under the,
Charter of the United Nations: provided, how-
ever, that the authority to specify parts or all of
the Trust Territory as closed for Security reasons
and to determine the, extent to which Articles 87
and 88 of the Charter of the United Nations shall.
be applicable to such closed areas, in accordance
with Article :13 of the Trusteeship Agreement,
shall be exercised by the President: and provided,
further, that the Secretary of the Interior shall
keep the Secretary of State currently informed
of activities in the Trust Territory, affecting the
foreign policy of the United States and shall con-
sult the Secretary of State on questions of policy
concerning the Trust Territory which relate to
the foreign policy of the United States and that
all relation between departments or agencies of
the Government and appropriate organs of the
United Nations with respect to the Trust Terri-
CIA-RDP58-00453R000100300013-8
tory shall be conducted through the Secretary of
State.
4.. The Executive Departments and agencies of
the Government are authorized and directed to
cooperate with the Departments of the Navy and
Interior in the effectuation of the provisions of
this order.
5. The said Executive Order Number 9875 of
July 18, 1947, is revoked, effective July 1, 1951.
( S ) HARRY S. TRUMAN.
TUE Wit LITE HOUSE,
June 29, 1951.
101
Documentary Supplement No. IV
Interim Regulation No. 1-48
CIVIL ADMINISTRATION COURTS
(Repealed and Superseded by Interim Regulation
No. 1-49)
Interim Regulation No. 2-48
CONSERVATION OF TROCHUS
ARTICLE I
11A RNESTING RESTRICTED
Trochus having been introduced and planted
in the waters of the Trust Territory by the former
government and being considered a valuable asset
which should be conserved, the harvesting or in
any way intentionally interfering with the growth
of trochus in the waters of the Trust Territory
is hereby prohibited except as provided herein.
ARTICLE II
TROCII US SEASON
Each Civil Administrator may. designate by
District Order and vary from year to year an open
season or seasons during May and June for the
harvesting of trochus in. his district, provided that
such open season or seasons shall not total more
than fourteen (14) days in any year. During
such an 'open season, any permanent resident of
the Trust Territory may dive for and harvest tro-
chus, in the district to which the season applies,
within those areas in which he has the right to fish
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under established local custom, provided that no
trochus shall be taken whose shell is less than three
(3) inches in diameter at the base. (Amended by
Interim Regulation No. 3-49, April 5, 1949.)
ARTICLE III
ROYALTY
A royalty of one (1) cent per pound shall be
paid to the Treasurer of the Trust Territory for
all trochus shell, less than 10 percent wormy, re-
moved from the waters of the Trust Territory.
This royalty shall be due and payable by the per-
son harvesting the trochus shell and shall be re-
mitted, within ninety (90) days after the removal
of the shell from the water, to the Commerce and
Industry Officer of the Civil Administration Unit
of the district within which the shell is harvested,
except that if the shell is sold to an authorized ex-
porter within ninety (90) days after the removal
of the shell from the water, the tax shall be paid
by the exporter direct to the Treasurer of the
Trust Territory within sixty (60) days after the
sale, and the seller shall have no responsibility
therefor. AU royalties due hereunder remaining
unpaid at the expiration of the period provided
above for payment shall bear interest from that
date at the rate of six ((3) percent per year. Com-
merce and Industry Officers shall remit monthly
to the Treasurer of the Trust Territory, all royal-
ties collected hereunder.
ARTICLE IV
REPLANTING OF BEDS
If a Civil Administrator determines that under-
water operations which will interfere with an
existing trochus bed are in the public interest, he
may issue a written permit for the removal and
replanting of such bed at the expense of the person
or persons desiring to conduct the underwater
operations. Removal and replanting of trochus
covered by such permit is hereby authorized.
ARTI CLE V
I3ENALTIES
Any person violating this regulation shall, upon
conviction thereof, be imprisoned for a period not
exceeding six (6) months or fined not more than
one hundred dollars ($100) or both.
102
Interim Regulation No. 3-48
CRIMINAL CODE
(Repeale,d and Superseded by Interim
Regulation _No. 5-48)
Interim Regulation No. 4-48';
BASIC PROVISIONS
CHAPTER 11
INTERIM GOVERNMENT
OF THE
TRUST TERRITORY OF TILE Picanc ISLANDS
The Trust Territory of the Pacific Islands was
placed under the Trusteeship system established
in the Charter of the United Nations by means of
a trusteeship agreement, approved by the Security
Council of the United Nations on 2 April 1947,
and by the United States Government an 18 July
1947, after due constitutional process. The United
States of America, under the terms of the trustee-
ship agreement, was designated as the adminis-
tering authority of the Trust Territory- and has
assumed obligations for the government 'thereof.
It has been necessary to establish an interim
administration of the Trust Territory of the Pa-
cific Islands, pending the enactment of appropri-
ate legislation by the Congress of the United States
iwoviding for the future government. The Presi-
dent of the United States, by Executive Order of
18 ,July 1947,, terminated the military government
in the former Japanese Mandated Islands, now
the Trust Territory of the Pacific Islands, and
delegated the authority and responsibility for the
civil administration thereof, on an interim basis,
to the Secretary of the Navy.
The President of the United States has ap-
pointed a High Commissioner of the Trust Terri-
tory of the Pacific Islands. Subject to the direc-
tion of the Secretary of the Navy, all powers of
government and jurisdiction in the Trust, Terri-
tory of the Pacific Islands, and over the inhabi-
tants thereof, and final administrative responsi-
bility are vested in the High Commissioner of the
Trust Territory of the Pacific Islands, and will
be exercised through subordinate administrators
by his direction.
Former "SECTIONS" redesignated as "CIIAI TKRS" by
interim Regulation No. 3-50, See. I, Para. a.
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CHAPTER 2
STAFF OF THE HIGH COMMISSIONER
(As Amended by Interim Regulation No. 3-50)
Section Title
1. General Provisions.
2. The Deputy High Commissioner.
3. Assistants to the Deputy High Commissioner.
4. The Executive Departments.
The Administration Department:
5. Establishment of the Department.
6. Assistant Secretary of the Trust Territory.
7. Duties of the Secretary.
The Internal Affairs Department:
8. Establishment of the Department.
0. Duties of file Director of Internal Affairs.
The Economics Department:
10. Establishment of the Department.
It. Duties of the Director of Economics.
The Education Department:
12. Establishment of the Department.
13. Duties of the Director of Education.
The Attorney General
14. Establishment of the Department.
15. Duties of the Attorney General.
The Public Health Department:
10. Establishment of the Department.
17. Duties of the Director of Public Health.
The Fiscal and Supply Department:
18. Establishment of the Department.
19. Duties of the Director of Fiscal and Supply.
The Public Works Department:
20. Establishment of the Department.
21. Duties of the Director of Public Works.
The Legislative Advisory Committee:
22. Establishment of the Committee.
23. Duties of the Committee.
24. Liaison with District Departments.
1. General Provisions. The High Commis-
sioner will have such administrative assistants as
he shall see fit to appoint.
2. The Deputy High Commissioner. The High
Commissioner shall appoint a Deputy high Com-
missioner who shall have all the powers of the
High Commissioner in the case of a vacancy in the
office of High Commissioner or the disability or
temporary absence of the High Commissioner and
until the vacancy is filled or the disability or tem-
porary absence ends. He shall have all such ex-
ecutive powers and perform such other duties as
may be prescribed by law or assigned to him by
the High Commissioner.
3. Assistants to the Deputy High,Commissioner.
a. The Deputy High Commissioner shall have such
assistants as are necessary to coordinate and
supervise the work of the departments. They
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shall have such powers, duties and responsibilities
as are provided by law or assigned to them by
the Deputy High Commissioner.
b. Chief Administrator of Field Headquarters.
The Chief Administrator of Field Headquarters
is the direct representative of the High Commis-
sioner and as such shall maintain the field head-
quarters within the Trust Territory; shall act for
the High Commissioner in implementation and
coordination of established laws, directives and
regulations; shall supervise the activities of field
staff officers and their subordinates and accord
them such support as may be necessary for the
execution of their assigned duties; shall make.
periodic inspections of civil administration ac-
tivities, reporting thereon; it shall be his direct
responsibility to make recommendations to the
High Commissioner upon all matters relating to
civil administration.
c. Liaison Officers. The High Commissioner
may appoint such liaison officers as he deems neces-
sary to represent him in the coordination of mis-
sions and functions of agencies and activities
charged with support or representation of civil
administration within or without the Trust Terri-
tory. A liaison officer shall represent the interest
of the High Commissioner in matters arising in
the area under his jurisdiction, as set forth in his
appointment, and, in those portions of his juris-
diction located without the Trust Territory, shall
act as his agent for the purpose of promoting and
protecting the economic interests and protecting
the private rights of the people of the Trust
Territory.
4. The Executive Departments: a. Gene pal Pro-
visions. The Territorial Departments herein es-
tablished are so established to carry out the rou-
tine administrative matters in connection with the
government of the Trust Territory of the Pacific
Islands. Each Department will have the powers,
duties, and responsibilities enumerated and, in
addition, such powers, duties, and responsibilities
as may be assigned to them by the High Commis-
sioner. The heads of departments shall be as set
forth in each of the sections. All heads of depart-
ments shall be primarily responsible for the per-
formance of all of the duties of their respective
departments, and for the proper assignment, utili-
zation, and supervision of personnel assigned to,
and the management of funds allocated to, the said
departments.
103
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orders; and act as liaison with appropriate civil
service officials and representatives.
c. Operations. The Secretary shall be respon-
sible for planning and supervision of public pas-
senger transportation in the Trust Territory. He
shall coordinate schedules, surface, land, or air;
act as liaison with operating and maintenance
units; issue travel orders, permits, or passports;
assign priorities; and arrange facilities for paying
for transportation authorized; he shall also be
responsible for assignment, operation, and super-
vision of all motor vehicles assigned to, or operated
by, the officers or executive departments of the
government of the Trust Territory.
d. Records and Reports. The Secretary shall be
the Territorial Registrar and as such shalt arrange
for adequate indexing and storage of reports,
records, and other documents received by or origi-
nating in the office of the High Commissioner;
coordinate the work of the department heads in
the preparation of reports required by the United
Nations or other responsible authority; Supervise
the issuance of any gazettes, newspapers, bulletins,
or other publications?including those *sued by
the territorial departments?for public nforma-
tion ; cooperate with the Director of Internal
Affairs in procuring material and information for,
and in the operation of, libraries and museums.
e. External Affairs. In cooperation fwith the
other department heads, the Secretary shall handle
communications with other departments of the
United States Government, with State govern-
ments through established channels; assist in
forming immigration and emigration policy;
promulgate immigration and emigration regula-
tions as authorized by law; and provide for the
issuance of passports, identification papers, and
entry permits.
THE INTERNAL AFFAIRS DEPARTMENT
8. Establishment of the Department. There
shall be a territorial department to be lnown as
the Internal Affairs Department, and a Director
of Internal Affairs who shall be the head thereof.
9. Duties of the Director of Internal Affairs.
The duties of the Director of Internal Affairs shall
include the following:
a. Political Affairs. The Director of lInternal
Affairs shall develop programs to encourage the
indigenous inhabitants of the Trust Territory in
the conduct of appropriate forms of local; district,
and territorial self-government; review govern-
ADMINISTRATION DEPARTMENT
5. Establishment of the Department. There
shall be a territorial department to be known as
the Administration Department and a Secretary
of the Trust Territory who shall be the head
thereof.
6. Assistant Secretary of the Trust Territory.
The Secretary of the Trust Territory shall have
an assistant designated by the High Commissioner,
and such other clerical, stenographic or profes-
sional employees as may be deemed necessary. The
Assistant Secretary and other employees of the
Administration Department shall have the duties,
powers, and responsibilities as assigned by the
Secretary.
7. .Duties of the Secretary. The duties of the
Secretary of the Trust Territory shall include the
following:
a. Administration. (1) Organization and
Planning. The Secretary shall, and with the
cooperation of the other heads of departments,
coordinate and integrate the various functions of
the territorial departments, and utilize records, re-
ports and other information in assisting the High
Commissioner in forming policy and planning.
(2) (ACT Management. The Secretary shall
be the office manager for the offices of the High
Commissioner. In this capacity he shall super-
vise personnel, files, correspondence, supplies, and
office procedures; provide adequate mail and mes-
senger service, and arrange for equitable distri-
bution and utilization of available clerical and
stenographic assistance among the departments;
be responsible for the proper safeguarding and
stowage of classified correspondence, publications,
and dispatches, and be in charge of the house-
keeping functions and responsible for the proper
maintenance and security of the office spaces as-
signed to the Deputy High Commissioner and his
executive departments.
b. Personnel. The Secretary shall coordinate
the employment, assignment, and utilization of all
personnel, military or civilian, assigned to or em-
ployed by the Government of the Trust Territory
of the Pacific Islands, at the seat of government
and in the field.. He shall be responsible for the
maintenance of personnel records and making the
required reports; approve employment contracts,
and be consulted prior to recruitment, assignment,
or reassignment of personnel; prepare necessary
104
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mental policies and programs territorial and dis-
trict, to ascertain whether the maximum possible
benefit is obtained with a minimum interference
with local cultures; study tax programs, budget
and accounting systems, municipal laws, and other
matters concerned with local government to assist
all officers and department heads to utilize the
simplest and most easily understood methods in
presenting an educational program designed to
assist territorial and district officers to better
understand the local views on all governmental
subjects and to develop native, participation in
government.
b. Sociological Affairs. The Director of inter-
nal Affairs shall cooperate with and advise the
Educational Department in determining the aims
and purposes of education in the Trust Territory;
make regular surveys utilizing field officers and
the District Director of Internal Affairs, to keep
all heads of departments advised of the effect on
the indigenous inhabitants and their cultures, of
economic, educational, legal, health, and other pro-
grams, and to make recommendations as neces-
sary; advise the High Commissioner and terri-
torial and district department heads on matters
involving the cultures of the indigenes, and
encourage and assist independent scientific sur-
veys on the cultural aspects of the area.
c. Public Lands. The Director of Internal
Affairs shall be responsible for the most efficient
possible utilization of the public lands of the Trust
Territory not required for governmental use so
that the greatest possible benefit may accrue from
these lands to the people of the Trust Territory.
He shall develop progress for resettlement, re-
forestation, and restoration of these lands, giving
full consideration to the over-all effect on the
economic, social, and political structures of the
individual district involved and the Trust Terri-
tory as a whole.
d. Scientific Projects. The Director of Inter-
nal Affairs shall encourage the research and
scientific studies in the Trust Territory where
they appear to be of value to the government or
the people. He will maintain liaison with all
authorized scientific expeditions, research parties,
and study groups in the area, governmental and
civilian, and will assist them as directed by the
Hight Commissioner. He. shall endeavor to
secure reports, documents, and records of a
scientific nature and of value for study by terri-
torial and district officers.
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e. Monuments ana museums. .1ne Director of
Internal Affairs will be in charge of and respon-
sible for the. maintenance and operation of monu-
ments, museums, and similar projects in the Trust
Terri tory which are under the control of the
government. He shall, with the cooperation of
the Secretary, and other department heads, create
and maintain such libraries as are found to be
necessary or desirable by the High Commissioner,
at the seat of government or in the field, and shall
consult regularly with territorial and district
officers regarding publications, periodicals, re-
ports, and other materials to be maintained
therein.
f. Public Defenders. The Director of Internal
Affairs shall exercise general superintendence and
direction over the office of Public Defender as
established by the High Commissioner in order
that the civil rights of the people may be ade-
quately represented in legal actions.
105
ECONOMICS DEPARTMENT,
10. Establishment of the Department. There
shall be a territorial department to be known as
the Economics Department, and a Director of
Economics, who shall be the head -thereof.
11. Duties of the Director of Economics. The
duties of the Director of Economics shall include
the following:
a. Commerce and Industry. The Director of
Economics shall foster, promote, and develop
the foreign and domestic commerce, the mining,
manufacturing, shipping, and fishing indus-
tries, and the, transportation facilities of the
Trust Territory for the benefit and use of the in-
digenous inhabitants thereof, and cooperate with
and advise the heads of other departments in
achieving, insofar as possible, for the people of
the territory, economic self-sufficiency and inde-
pendence while protecting them against the loss
of their lands and resources.
b. Labor. The Director of Economics shall fos-
ter, promote, and develop the welfare of the work-
ers of the Trust Territory, improve working
conditions, and institute programs to advance the
opportunities for profitable employment. To this
end he shall investigate, make reports, and keep
records of and recommend legislation concerning
the employment of indigenous labor, conditions
of work, wages, contract labor, workman's com-
pensation, and labor relations.
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c. Agriculture and Animal Husbandry. The TnE EDUCATION DEPARTMENT
Director of Economics shall procure and preserve
information concerning agriculture and animal
husbandry, encourage scientific and practical ex-
periments, collect statistics, and supervise the op-
eration of scientific and demonstration stations,
plots, gardens, and farms. He shall collect new
and valuable seeds and plants and breeding stock;
shall provide for testing the value of such as may
require such tests; shall propagate such as may
be worthy of propagation; and shall distribute
them among the people as desirable.
d. Plant and Animal Quarantine; Biological
Controls. The Director of Economics shall be re-
sponsible for making recommendations on and
the enforcement of plant and animal quarantine
laws and regulations and for recommending and
carrying out programs for the control of insect
pests and plant and animal diseases, including
the introduction of properly supervised biological
controls.
e. Development of Natural Resources. The Di-
rector of Economics shall conduct such research,
investigation, and projects as may be necessary
to discover, evaluate, and make the most economic
use of the animal, vegetable, marine, and mineral
resources of the Trust Territory for the benefit
of the indigenous population.
f. Conservation. The Director of Economics
shall be responsible for the development of pro-
grams for conservation of the animal, vegetable,
marine, and mineral resources of the Trust Terri-
tory, and, in cooperation with the Director of In-
ternal Affairs, shall propose such regulations,
legislation, and expenditures as he finds necessary
to preserve the resources of the area for the maxi-
mum benefit of the people.
g. Trust Territory Maritime Service. The Di-
rector of Economics shall be in charge of and ex-
ercise general jurisdiction over the Trust Terri-
tory Maritime Services; shall provide regulations
controlling their duties and employment, shall,
in cooperation with the other heads of depart-
ments, make provision for and regulations on
quarters, uniforms, equipment, and subsistence of
members of the maritime service; shall provide
for training and recruitment programs; and shall
make, periodic inspections of the personnel and
places and conditions of employment.
106
12.. Establishment of the Department There
shall be a territorial department to be known as
the Education Department, and a Director of Edu-
cation who shall be the head thereof.
13. Duties of the Director of Education. The
duties of the Director of Education shall include
the following:
a. SchooTs. The Director of Education shall be
responsible for the establishment of and shall su-
pervise, through the District Directors of Educa-
tion, the operation of all public schools, of what-
ever educational level, operated or principally
financed by the government of the Trust Terri-
tory; shall institute a program for the establish-
ment and operation of a sufficient number of
schools to guarantee, insofar as practicable an ade-
quate elementary education for all children; and
shall establish and supervise the operation of such
schools of advanced learning or specialized learn-
ing as are considered desirable by the High Com-
missioner on recommendation of the Director of
Education or the Legislative Advisory Committee.
He shall set standards of teacher qualifications
for all schools; recruit teachers, locally or in the
-United States or its possessions, and sha 1 make
recommendations on the location, erectiOn, and
specifications of school buildings and on their
maintenance, which erection and -maintenance
shall be the immediate responsibility of the appro-
priate public works officer.
b. Curricula. The Director of Education shall,
in cooperation, with other departments, and with
such advisory groups as may be deemed appro-
priate, provide curricula for all levels of educa-
tion, and shall set the minimum standards to which
all public and private schools shall conform. In
addition, he shall supervise the curricula of pub-
lic., mission, and private schools insofar as they
are to conform to the curricula and course of
study established by the High Commissioner.
c. Educational Supplies. The Director of Edu-
cation shall, with the cooperation of the Director
of Fiscal amid Supply, determine what supplies of
an educational nature will be required by all pub-
lic schools and shall institute procedures F.or pro--
curing such supplies; shall institute a program for
the distribution of these supplies, directly or
through regular supply channels, to the schools
as needed; and, if necessary, arrange for the main-
tenance of a central warehouse for use in storage
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and as a point of distribution of educational sup-
plies. Whenever possible, the established govern-
mental supply channels shall be used for purchase
and distribution of educational supplies.
d. Training. The Director of Education shall
sponsor such special training programs as may be
considered desirable to meet special problems or
to fill special needs not met by the regular institu-
tions. Where such programs are closely connected
with the work, or are originated by another ex-
ecutive department, the Director of Education
shall cooperate with and consult with the depart-
ment so concerned, and any training program in-
stituted shall be approyed by the department con-
cerned and the Education Department jointly.
THE ATTORNEY GENERAL
14. Establishment of the Department. There
shall be a territorial officer to be known as the
Attorney General.
15. Duties of the Attorney General. The duties
of the Attorney General of the Trust Territory
shall include the following:
a. Legal Advice and Service. The Attorney
General shall give all opinions and render all serv-
ices requiring the skill of persons learned in the law
to enable the High Commissioner, heads of de-
partments, and other persons in the government
of the Trust Territory to discharge their respec-
tive duties; and shall on behalf of the government
of the Trust Territory of the Pacific Islands, pro--
cure the proper evidence for, and conduct, prose--
cute, and defend suits and proceedings in any
court in which the Trust Territory, or any officer
thereof, as such officer, is a party or may be inter-
ested, and no fees shall be allowed or paid to any
other attorney or counselor at law for any service
-herein required of the officers of the Attorney
General's department. The Attorney General or
any officer in his department, or any attorney,
counselor, or Civil Administration Officer ap-
pointed by the Attorney General, may, when there.-
unto specifically directed by the Attorney General,
conduct any kind of legal procedings civil or crim-
inal, which District Attorneys may be by law
authorized to conduct.
b. Law Enforcement. The Attorney General
shall exercise general superintendence and direc-
tion over the District Attorneys, members of the
Trust Territory Constabulary, and other law en-
forcement officers and officials employed by the
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Trust Territory, in all the districts of the Trust
Territory, as to the manner of discharging their
respective duties; shall direct the enforcement of
laws of the Trust Territory; and shall supervise
and direct the conduct of criminal investigations
and prosecutions. The several District Attorneys
and other police and law enforcement officers and
officials are required to report to the Attorney
General an account of their official proceedings,
and of the state and condition of their respective
offices, in such tim.e and manner as the Attorney
General may direct.
c. Public Safety. The Attorney General shall
undertake programs for the improvement of pub-
lic safety throughout the Trust Territory.
d. Legislation. The Attorney General shall
assist the High Commissioner and the Legislative
Advisory Committee in drafting and presenting
legislation; assist the district officers in drafting
orders, regulations and other legislative instru-
ments; encourage uniformity of district legisla-
tion; and constantly review all laws and regula-
tions having the force and effect of law with a
view toward clarification, simplification and
uniformity.
e. Claims. The Attorney General shall set up
procedures by which claims against the Trust
Territory and the United States may be processed
and brought to a just conclusion with a minimum
of expense and delay.
f. Area Property Custodian. The Attorney
General shall act as Area Property Custodian and
shall carry out the duties of this office as required
by law.
g. Trust Territory Constabulary. The Attor-
ney General shall be in charge of and exercise gen-
eral supervision over the Trust Territory Con-
stabulary; provide general regulations for
controlling their duties and employment; in co-
operation with the other heads of departments,
make provision for and regulations on quarters,
uniforms, equipment and subsistence for the mem-
bers of the constabulary; provide for training and
recruitment programs; and make periodic inspec-
tions of the physical equipment and personnel.
107
THE PUBLIC HEALTH DEPART 11 EN"r
16. Establishment of the Department. There
shall be an executive department to be known as
the Public Health Department, and a Director of
Public Health who shall be the head thereof.
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17. Duties of the Director of Public Health.
The duties of the Director of Public Health shall
include the following:
a. Preparation and Enforcement of Regula-
tions. The Director of Public Health shall draw
up health and sanitation laws and regulations for
presentation to the Legislative Advisory Commit-
tee or the High Commissioner for approval; and
shall supervise generally the enforcement of
health laws and regulations throughout the Trust
Territory.
b. Research and Preventive Medicine. The Di-
rector of Public Health shall conduct, and shall
encourage, cooperate with, and render assistance.
to other appropriate authorities, scientific insti-
tutions, and scientists, in the conduct of, research,
investigation, experiments, demonstration, and
studies, relating to the causes, diagnosis, treat-
ment, control, and prevention of physical and
mental diseases, including water purification, sew-
age treatment, and water pollution, with special
emphasis on those diseases peculiar to tropical
areas, their prevention, and cure; and shall take
such action and make such recommendations as
to legislation or other measures to be undertaken
for the improvement of the general health condi-
tions in the area, and to prevent the introduction,
or spread of diseases.
e. Hospitals and Medical Treatment. The
Director of Public Health shall control, manage,
and operate all institutions, hospitals, and dis-
pensaries established by the Civil Administration
in the Trust Territory, and provide for the care,
treatment, and hospitalization of patients, includ-
ing the furnishing of prosthetic or orthopedic
devices; fix reasonable fees and charges to be paid
for such services, supplies, medicines, foods, or
devices furnished; provide regulations on the
transfer of patients under the care of Civil Ad-
ministration medical or dental personnel, where
necessary, between hospitals and dispensaries, and
the payment of the expense of such transfer; pro-
vide regulations concerning the employment of
medical and dental personnel on field trips and
in out-patient treatment, and shall fix the fees
therefor; and, from time to time, with the ap-
proval of the High. Commissioner, advise suitable
sites for and establish such institutions, hospitals,
and dispensaries as may be found to be necessary
to enable the Public Health Department to dis-
charge its functions and duties.
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d. Vital Statistics. To secure uniformity in the
registration of mortality', morbidity, and vital sta-
tistics, the Director of Public Health shall pre-
pare and distribute suitable. forms for the collec-
tion and compilation of such statistics which shall
be maintained in the record department of the
Administration Department in such forth as to be
readily available for reference by heads of depart-
ments, for the preparation of reports and f or other
purposes.
e. Licensing of Medical and Dental Pr actition-
ers. The Director of Public Health shall prepare
for the approval of the High Comnaissioner
through the Legislative Advisory Committee, reg-
ulations, laws, and orders providing for the licens-
ing of persons for the practice of mediCine, sur-
gery, dentistry, dental- surgery, midwifery, and
nursing in the Trust Territory of the Pacific
Islands; shall set the standards and qualifications,
personal and professional, for such practice; and
shall prepare and conduct any professional exami-
nations or personal interviews considered by him
to be necessary or advisable. The Director of Pub-
lic Health shall be charged with the policing of
the medical profession and with the institution
of proceedings for prosecution, license reocation,
or other necessary action to insure the proper pro-
tection of the people of the territory.
f. Professional Training. The Di rectort of Pub-
lic Health, in cooperation with the Education
Department, shall fix curricula and standards of
medical, dental, and nursing schools, Or other
training centers for the training of persons to
enter the practice of these professions in the Trust
Territory; shall set the standards for and assist
in the procurement of instructors for such schools
and training centers; and shall, set up programs
of training, retraining, or advance training to
insure, insofar as practicable, an adequate number
of qualified personnel- to provide medical, dental,
and nursing care in the Trust Territory.
g. Quarantine and ? Communicable piseases.
The Director of Public Health shall prepare for
the approval of the High Commissioner of the
Trust Territory through the Legislative Advisory
Committee, such regulations, laws, orders, or
directives as in his judgment are necessary to pre-
vent the introduction, transmission, or spread of
communicable diseases from any place without the
Trust Territory or between and within the Dis-
tricts of the Trust Territory.
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THE FISCAL AND SUPPLY DEPARTMENT
18. Establishment of the Department. There
shall be a territorial department to be known as the
Fiscal and Supply Department, and a Director
of Fiscal and Supply who shall be the head
thereof, and a Treasurer who shall be the assist-
ant to the Director.
19. Duties of the Director of Fiscal and Supply.
The duties of the Director of Fiscal and Supply
shall include the following:
a. General Supply. The Director of Fiscal -and
Supply shall have general cognizance over the
? general supply system and shall be responsible for
supervising the activities and duties connected
with the disbursement of appropriated funds;
shall receive and process requisitions from the
staff and field activities; initiate follow-up action
when required; make purchases as required and
authorized; require regular reports from other
Trust Territory activities; and shall render advice
and reports as requested by proper authority or
as deemed desirable by the Director.
b. Accounts and Records. The Director of Fis-
cal and Supply and the Treasurer shall maintain
accounts and records in connection with the receipt
and disbursement of appropriated funds and lo-
cally derived funds, and such plant account or
other records as shall be directed by proper author-
ity to be maintained; shall prepare reports re-
quired by the United States Government or by
other proper authority; shall be responsible for
the proper handling of appropriated funds and
all required accounts, records and other matters
connected therewith; and shall issue directives and
regulations in connection with these funds as may
be required.
c. Budgets. The Director of Fiscal and Supply
and the Treasurer shall prepare budget estimates
in connection with appropriated funds and locally
derived funds as required by proper authority;
shall maintain records as necessary to insure
budget controls; shall suballot funds in accordance
with budget estimates; shall keep the heads of de-
partments advised on .the current status of sub-
allotments; and shall make special reports as re-
quired or deemed by the Director to be desirable.
In addition, the Treasurer shall review and make
recommendations on district and municipal budg-
ets or locally derived revenue and shall cooperate
with the Director of Internal Affairs in the de-
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velopment of sound governmental fiscal practice in
local conummiti es.
d. Taxes and Tax Collections. The Director of
Fiscal and Supply and the Treasurer of the Trust
Territory shall superintend the collection of taxes
and other forms of revenue by the government of
the Trust Territory and any subdivision thereof;
shall periodically review with Internal Affairs the
tax structures, and make recommendations to the
High Commissioner, the Civil Administrators,
and Municipalities, on new forms of taxation ad-
visable, or revisions in existing tax structures;
shall make reports on tax receipts and delinquen-
cies; and shall provide procedures for levying and
collecting taxes.
e. Custody and Disbursement of Funds. The
Treasurer of the Trust Territory, personally, or
through his agents, shall be the custodian of all
funds of the government of the Trust Territory,
except the funds of municipalities, from whatever
source derived; shall maintain complete and
proper records and accounts; and shall provide
for the disbursement of -funds in accordance with
law and on authorization by the High Commis-
sioner or other proper authority.
109
THE PUBLIC WORKS DEPARTMENT
20. Establishment of the Department. There
shall be a territorial department to be known as
the Public Works Department and a Director of
Public Works who shall be the head thereof.
21. Duties of the Director of Public Works.
The duties of the Director of Public Works shall
include the following:
a. Construction, Maintenance, and Repairs.
The Director of Public Works shall be respon-
sible for supervising the construction, mainte-
nance, and repair of all public buildings, roads,
piers, and other structures and installations
erected and maintained or repaired by Trust Ter-
ritory funds or United States appropriated funds;
shall, at the request of the High Commissioner
or other proper authority, prepare plans and
specifications for the construction or alteration
of such structures or installations; and shall
supervise all construction, alteration, repair, or
maintenance work to assure that approved plans
and specifications are complied with.
b. Public Utilities. The Director of Public
Works shall be responsible for supervising the
construction, operation, and maintenance of all
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public telephone, electric, and water plants, pub-
lic transportation, and other 'public utilities
operated by the Government: of the Trust Terri-
tory or any of its subdivisions except those
operated by local municipal governments; at the
request of any Civil Administrator approved by
the High Commissioner, shall prepare plans,
specifications, 8114 schedules of operation and rates
for such. public utilities ; and shall supervise, the
carrying out of such plans, specifications and
schedules and the application of such rates when
approved by the High Commissioner or his prop-
erly designated representative.
c. Boats, IT ehicles, and Other Equipment. The
Director of Public Works shall be responsible for
the supervision. of the purchase, maintenance, re-
pair, and operation of all boats, trailers, barges,
motor vehicles, aircraft, and other equipment
owned and in the custody of the Trust Territory ;
shall make surveys from time to time to determine
what changes in allotments, specifications, mainte-
nance programs, supervision, or other matters
connected with boats, vehicles and equipment,
should be made, and make recommendations to
the proper authority; and shall allocate, reallocate,
substitute, transfer, and otherwise supervise the
use and allocation of equipment, vehicles and
boats for their most efficient employment.
d. Development and Planning. The Director
of Public Works shall conduct such additional
surveys and make such additional reports as may
be required by the High Commissioner in con-
nection with base, housing, building, harbor, air-
port, or other development programs, and shall
develop plans and specifications for the same as
required.
e. Public Health Projects. The Director of
Public Works shall, upon recommendation of the
Health Department, and approval of the High
Commissioner, be responsible for and supervise
the carrying out of those phases of the public
health program requiring construction of build-
ings, water catchments, drainage ditches or other
public health or sanitation facilities, or the use
of nonprofessional labor in insect, rodent control,
or similar projects.
THE LEGISLATIVE ADVISORY COMMITTEE
22. Establishment of the Committee. There
shall be a Legislative Advisory Committee to con-
sist originally of five members appointed by the
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High Commissioner from among the heads of ter-
ritorial departments. As soon as practicable the
Legislative Advisory Committee shall be expanded
by the addition of indigenous representatives, the
number to be determined by the committee from
time to time, but to consist of an equa. number
from each district, selected by the permanent resi-
dents of the district by secret ballot, a cOuncil of
chiefs, community representatives, or by any other
method, direct or indirect, suggested by the Civil
Administrator and approved by the Legislative
Advisory Committee and the High Commissioner.
23. Duties of the Committee. a. The Legisla-
tive Advisory Committee shall consider legisla-
tion presented to it by the High Commissioner,
by any head of department, by any member of
the committee, or by any sub committee, and shall,
after full discussion and consideration, recom-
mend to the High Commissioner such legislation
as it deems desirable for the Trust Territory. Leg-
islation recommended by the committee shall be-
come law on signature by the High Commissioner.
b. The committee shall discuss and advise the
High Commissioner on policy matters presented.
for consideration.
c. The committee shall conduct studies . prepare
plans, and recommend legislation from time to.
time to expand its functions to permit the steady
evolution of this committee from an executive ad-
visory group to be a true legislature representing
the inhabitants of the Trust Territory, at which
time the executive department representation will
be discontinued.
24. Liaison with, District Departments. De-
partment heads shall be responsible for maintain-
ing liaison with corresponding district depart-
ment heads for the purpose of exchange of infor-
mation, coordination of work between districts,
and routine assistance in handling of district prob-
lems. For these purposes, department heads and
district department heads may correspond directly
by means of interoffice memoranda in official form
and addressed by title. Such memoranda shall
not be used by department heads to issue orders
to district departments, or to establish or inter-
pret policy., All criticisms, directives, orders,
policy matters, and correspondence which clearly
involves more than one department shall be in
the name of HICOMTERPACIS, FIELD-
TERPACIS or CIVAD as indicated byl subject
matter involved. All correspondence will be in
110
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official forms and complete central territorial and
district files will be maintained; departmental
files may be kept as desired to expedite depart-
mental business. Complete departmental files of
interoffice memoranda shall be maintained. Inter-
office memoranda shall not be referred to in official
correspondence.
. c. Chapter 4 of Interim Regulation No. 4-48 is
repealed. The organization of civil administration
units will be as directed by the High Commissioner.
CHAPTER 3
ADMIN ISTRATIVE Jun ismicTrox
A. The Northern Mariana Islands
The Governor of the Northern Mariana Islands,
through the Civil Administrator of the Saipan
District, shall be responsible for the administra-
tion of those islands of the Trust Territory of the
Pacific Islands, and the territorial waters thereof,
which lie north of 14 degrees North Latitude, and
west of 150 degrees East Longitude, which juris-
diction shall be known as the Northern Mariana
Islands.
B. The Western Caroline Islands
The Governor of the Western Caroline Islands,
through the Civil Administrator of the Palau Dis-
trict, shall be responsible for the administration
of those islands of the Trust Territory of the
Pacific Islands, and the territorial waters thereof,
which lie west of 148 degrees East Longitude and
south of 11 degrees North Latitude, which juris-
diction shall be known as the Western Caroline
Islands. (Amended by Interim Regulation No.
6-48,7 August 1948.)
C. The Eastern Caroline Islands
The Governor of the Eastern Caroline Islands.,
through the Civil Administrators of the Truk and
Ponape Districts, shall be responsible for the
administration of those islands of the Trust Terri-
tory of the Pacific Islands, and the territorial
waters thereof, the jurisdictional boundary of
which shall be particularly described as follows:
Beginning at a point at 0 degree latitude 148
degrees east longitude, north to a point at 11
degrees north latitude 148 degrees east longitude,
thence. east to a point 11 degrees north latitude 158
degrees east longitude, thence southeast to a point
at 5 degrees north latitude 166 degrees east longi-
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tude, thence south to a point at 0 degree latitude
166 degrees east longitude.
This jurisdiction shall be known as the Eastern
Caroline. Islands, and within this area, the juris-
dictional boundary between the Truk and Ponape
Districts shall be along the line of the 154th
Meridian, East Longitude.
D. The Marshall Islands
The Governor of the Marshall Islands, through
the Civil Administrator of the Marshall Islands
District, shall be responsible for the administra-
tion of those islands of the Trust Territory of
the Pacific Islands, and the Territorial waters
thereof, which lie east of jurisdictional bound-
ary, which shall be described as follows:
Beginning at a point 11 degrees north latitude
158 degrees east longitude, thence southeast to a
point at 5 degrees north latitude 166 degrees east
longitude, thence south along the 166 degree east
longitude meridian. This jurisdiction shall be
known as the Marshall Islands. (Amended by
Interim Regulation No. 4-49, 7 June 1949.)
111
CHAPTER 4
THE CIVIL ADMINISTRATION UNIT
1. The Civil. Administration Unit is headed by
the Civil Administrator who is appointed by the
High. Commissioner and who is responsible to.
him, through the Governor of the Area and the
Deputy High Commissioner, for the proper ad-
ministration of the District. All matters relating.
to native affairs are a distinct responsibility of
the Civil Administrator.
2. The Deputy Civil Administrator will assist
the Civil Administrator in the discharge of all of
his duties, and in addition will coordinate the
functions of the seven departments of the District
Administration, which shall function as follows
a. The Department of Operations:
(1.) Aircraft Operations.
(2) Port Director.
(3) Communications.
(4) Inter-Island Transportation.
(5) Public Safety.
(6) Central Pacific Insular Establishment.
(7) Fish and Game Warden.
(8) Post Office.
(9) Passports and Identification.
(10) Scientific Projects.
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b. The Department of Political Affairs: (3) Accounting.
(1) Legal Affairs. (4) Disbursing.
(2) Courts. (5) Receipts.
(3) Property Custodian. (6) Supervisory Auditory.
(4) Land Tenure. (7) Expenditure Planning and Widgets.
(5) Land Transfer. (8) Banks.
(6) Chairman, Land and Claims Commis- g. The Department of Education:
sion. (1) Schools?Maintenance and Supervi-
(7) Supervisor of Municipalities.
si?
(8) Central Registrar. (2) T43acilitr Training.
c. The Department of Economics: (3) Curricula?Establishment and Super-
(1) Commerce. vision.
(2) Industry. (4) Preservation of Native .Arts, Crafts,
(3) Labor. Cultures and Languages.
(1) Price Controls. (5) Adult Education.
(5) Import-Export. (6) Vocational Training.
(6) Agriculture. (7) Parent-Teacher Associations.
(7) Fishing. (8) Native Holidays, Festivals and Rec-
(8) Mining. .reation.
(9) Private Business. (9) Liaison with Religious and Educa-
(10) Natural Resources. Itional Institutions and Individuals.
(11) Market Development.
(12) Licenses and Inspections. CHAPTER 5
(13) Tax Collection.
(14) Plant and Animal Quarantine. FUNDAMENTAL RIGHTS
d. The Department of Public Works: 1. The High Commissioner reaffirms the guar-
(1) Public Works. antees made in Proclamation No. 1 to the people
(2) Utilities. of the Trust Territory concerning all basic indi-
(3) Maintenance. vidual rights and freedom as follows:
(4) Construction. Your existing customs, religious beliefs and property
(5) Salvage. rights will be respected and existing local law S and all
(6) Land Surveys, proclamations, regulations, ordinances and ordes of the
(7) Land Transportation: former military government shall remain in fbrce and
effect, except insofar as. they are not in consonance with
(8) Development Planning.
the terms of the Trusteeship Agreement and the Execu-
(9) Member Land and Claims Commission. -Live Order, and insofar as it may be necessary or me in
e. The Department of Public Health: the exercise of my powers and duties to change them.
(1) Medical and Dental Care. 2. Pursuant to the obligations incurred under
(2) Sanitation. Article 76 (c), of the United Nations Charter and
(3) Leprosaria. Article 7 of the Trusteeship Agreement, the High
(4) Asylums. Commissioner guarantees to the inhabitants of the
(5) Dispensaries. Trust Territory freedom of conscience, and sub-
(6) Hospitals. ject only to the requirements of public order and
(7) Health and Nurse Aids Training. security, freedom of speech, of the press, and of
(8) Health Quarantine, assembly; freedom of worship, and of religious
(9) Preventive Medicine,, teaching; and freedom of migration and move-
(10) Insect and Rodent Control. ment and in accordance with Article 13 of the
(11) Cemeteries. Trusteeship Agreement he further guarantees the
(12) Vital Statistics. right of petition.
f. The Department., of Finance and Supply: 3. Basic humanitarian rights are guaranteed
(1) Civilian Supply. and protected by the following Articles 1:-f. Gov-
(2) Navy Supply. ernment which will hereinafter be known as the
112
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Bill of Rights for the people of the Trust Territory obtaining witnesses in his ta,vor, and to have the
of the Pacific Islands. assistance of coimsel for his defense.
Freedom, of Conscience, Speech, Press, Assem-
bly, Worship, Religious Teaching and Petition.
No law shall be enacted in the Trust Territory
respecting an establishment of religion or pro-
hibiting the free exercise thereof, or abridging the
freedom of conscience, or of speech, or of the press,
or the right of the people to form associations and
peaceably to assemble and to petition the govern-
ment for a redress of grievances. No public money
shall be appropriated or used for the support in
any way, direct or indirect, of any religious estab-
lishment or of any school in which secular instruc-
tion is not subject to control by the Government
of the Trust Territory.
II
Slavery and Involuntary Servitude. Neither
slavery nor involuntary servitude except as a pun-
ishment for crime whereof the party shall have
been duly convicted, shall exist in the Trust Ter-
ritory.
III
Protection Against Unreasonable Search and
Seizure. The right of the people to be secure in
their persons, houses, papers and effects, against
unreasonable searches or seizures, shall not be vio-
lated, and no warrants shall issue, but upon prob-
able, cause, supported by oath or affirmation, and
particularly describing the place to be searched,
and persons or things to be seized.
TV-
Ne Deprivation of Life, Liberty, or Property
ith,out Due Process. No person shall be deprived
of life, liberty, or property, without due process of
law; nor shall private property be taken for public
use, without just compensation; nor shall any per--
son be subject for the same offense to be twice put
in jeopardy of life or limb; nor shall any person
be compelled in any criminal case to be a witness
against himself In all criminal prosecutions the
accused shall enjoy the right to a speedy and public
trial; to be informed of the nature and cause of
accusation; to be confronted with the witnesses
against him; to have a compulsory process for
113
V
No Ex Post Facto Law. No bill of attainder, ex
post facto law, or law impairing the obligation of
contracts, shall be enacted.
VI
Excessive Bail, Excessive Fines, Cruel and Un-
usual Punishments Prohibited. Excessive bail
shall not be required, nor excessive fines be im-
posed, nor cruel and unusual punishments inflicted.
VII
No Discrimination on Account of Race, Sex,
Language, or Religion. No discrimination shall
be made in the Trust Territory against any person
on account of race, sex, language, or religion; nor
shall the equal protection of the laws be denied to
any inhabitant of the Trust Territory.
VIII
Freedom o/ Migration and of Movement. Sub-
ject only to the requirements of public order and
security, the inhabitants of the Trust Territory
shall be accorded freedom of migration and of
movement.
IX
Education. A general system of elementary ed-
ucation shall be maintained for the benefit of the
inhabitants of the Trust Territory who shall be
encouraged also to pursue higher education in-
cluding training on the professional level.
CHAPTER 6
Si LE- GOVERNMENT
1. Subject to the obligations of the HICOM-
TERPACIS to higher authority, the inhabitants
of the Trust Territory will be encouraged to par-
ticipate in self-government to the maximum ex-
tent of their capabilities. To this end, they will
be given a progressively increasing share in the
administrative services of the T'rust Territory in
accordance with the development of their capa-
bilities to exercise this prerogative effectively.
2. In accordance with this principle they will
be encouraged to participate in, and will be ex-
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pected to accept an increasing amount of responsi-
bility in, all phases of local government.
3. The local native governmental systems will
be recognized. and respected unless it is necessary
for the High Commissioner in the exercise of his
powers and duties, to change them.
4. The right to express opinions regarding the
selection or appointment of local governmental
officials or regarding the conduct of all phases of
local governmental affairs will not be denied the
inhabitants of the Trust Territory.
5. The inhabitants of the Trust Territory- are
required to comply with the rules and regulations
established for their community by their local
muncipai government.
6. Tile local municipal governments are au-
thorized to enforce the orders from higher au-
thority, particularly with regard to police sanita-
tion and education.
7. The local municipal governments are au-
thorized to levy, collect and expend local taxes
and make local rules, and will be required to keep
accurate records which will be subject to inspec-
tion and audit by higher authority.
8. Each local municipal government will have
an official who will perform the functions of
"Magistrate," and another who will perform the
functions of "Treasurer," and these officials will
be identified by public notice.
9. The officials of local municipal governments
may be removed for just cause at any time by the
cognizant Civil Administrator.
10. Local municipalities may, with prior ap-
proval of the cognizant Civil Administrator, ar-
range to have certain details of their functions
carried out by a tribe or clan within its limits, but
the over-all responsibility of those functions will
remain with the local municipalities.
CHAPTER 7
PUBLIC HEALTH
Objectives: (a) To Control Preventable Dis-
eases.
(b) To Elevate Public Health
Standards.
1. It shall be the responsibility of the Civil Ad-
ministrator, to promulgate and enforce the regu-
lations set forth herein and to formulate such
additional rules and regulations as may be deemed
necessary for the furtherance of the Public Health
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objectives. In cases where there is an obvious con-
flict between these regulations and local habits
and customs, the judicious use of education and
local leadership to overcome existing kcal prej-
udices to modern methods is authorized in lieu
of direct compulsion, provided that full com-
pliance with these regulations can thus be assured.
2. It shall be unlawful for any person or persons
to practice medicine or other of the heading arts
for a fee unless duly licensed and/or authOrized by
the High Commissioner of the Trust Territory of
the Pacific Islands, or his duly appointed repre-
sentative.
3. It shall be unlawful for any person other
than those properly accredited to import, sell, give
or dispense medicines, drugs, or other st bstances
of a deleterious nature, which in the opinion of
proper medical authority should only be adminis-
tered by authorized practitioners, physicians or
other medical personnel.
4. It shall be unlawful to import, sell, traffic
purchase, give or prescribe narcotics or Medicine
containing narcotics or other so-called hahit-form-
ing drugs except by specific authority of the Civil
Administrator.
5. It shall be unlawful to knowingly and will-
fully conceal or fail to report to proper authorities,
cases of communicable diseases. Persons suffering
from contagious or communicable diseases or
known contacts thereto, shall be isolated, treated,
and if necessary, be confined by the civil authori-
ties in accordance with standard preventive
medicine procedures as outlined by the ;medical
staff of Civil Government.
6. Persons desiring to travel between adminis-
trative districts shall be required to obtain a cer-
tificate of health from a Medical Practitioner,
physician, or medical representative of the Civil
Administration. This certificate shall certify that
the individual has been examined and is appar-
ently free of communicable diseases, that lie has
been vaccinated for Small Pox and Typhoid Fever
within the prescribed interval and shall include the
findings of X-Ray examination of chest, if avail-
able. The .provisions of this paragraph: do not
apply to travel between islands within an adminis-
trative district.
7. Vaccination and innoculations as prscribed
by proper authority shall be compulsory.
8. Regulations and directives relative to control
of rodents and other pests shall be promulgated by
the Civil Administrator.
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9. It shall be unlawful for any person or persons
to prepare and dispense foods for public consump-
tion unless specifically authorized by the Civil
Administration. Establishments engaged in the-
preparing or dispensing of foods for public con-
sumption shall be subject to periodic inspections
by the Civil Administrator or his medical advisor.
Failure to conform to standards of sanitation pre-
scribed shall be cause for revocation of license.
10. Persons engaged in handling food for public
consumption shall be examined at prescribed in-
tervals or at other times by a duly authorized
physician, practitioner or medical representative
of the Civil Administrator.
11. It shall be unlawful for any person to sell
or dispense for human consumption -food which is
known to be contaminated, decomposed or adul-
terated, thereby rendering such food unfit for
human consumption.
12. Participation in established Public Health
Programs for school children is compulsory.
13. Disposal of waste sewage and garbage by
methods and in areas other than those prescribed
by health authorities shall be unlawful.
14. The use of night soil (human excreta) as a
fertilizer is prohibited.
15. Sanitary privies (BenjoS) shall be of a type
and in areas designed by local authorities. Defe-
cation in the immediate vicinity of any village
other than in those privies is prohibited.
16. Barber shops and beauty parlors shall be
duly licensed and inspected periodically by a medi-
cal representative of the Civil Administrator.
17. A record of births and deaths will be main-
tained by the registrar of the Civil Administration
Unit. All births will be reported to the registrar
within seventy-two (72) hours after occurrence.
In case of death when the deceased has not been
attended by a practitioner, physician or health
aid during his terminal illness, burial will not
take place until remains have been viewed by a
representative of the Civil Administration.
Death occurring under suspicious circumstances
shall be reported to the Chief of the Village or
magistrate for further investigation. All deaths
will be reported within twenty-four (24) hours
and burial will take place within thirty-six (36)
hours after death has occurred. Forms VS-1 and
VS-2 shall be completed and filed in each CAU.
18. Burial will take place only in specified areas
and in a manner designated by the Civil Admin-
istration.
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19. Persons Violating any of the above regula-
tions are subject ti trial by such authorized courts
of justice as now exist or may be established in
the future, and shall, upon conviction thereof, be
imprisoned for a period not exceeding six (6)
months or fined not more than one hundred dollars
($100.00), or both.
115
CI-IAPTE'R 8
EDUCATION
In accordance with Chapter XII, Article 76 of
the United Nations Charter, which provides that,
"The basic objectives of the trusteeship system, in
accordance with the purposes of the United Na-
tions laid down in Article 1 of the present Charter,
shall be: * * * to promote the, * * educa-
tional advancement of the inhabitants of the trust
territories, * * " the following specific regu-
lations are promulgated:
1.. The educational program shall be maintained
to benefit the many and to assure a progressive
development of each community within the local
cultural pattern by improving food production,
diet, health, conduct of their own government,
management of their trade and industry, and to
take their rightful position in the world. In the
promotion and development of educational pro-
grams the High Commissioner intends to avail
himself of the services of the Advisory Committee
on Education for Guam and the Trust Territory
of the Pacific Islands. This Committee, with
headquarters at Honolulu, Territory of Hawaii,
operates upon the invitation of the High Commis-
sioner and the Governor of Guam. Civil Admin-
istrators and other officers concerned with
educational programs in the Trust Territory shall
advise the High Commissioner of such problem.s
as may arise and which may appropriately be
referred to the Committee.
2. Schools shall foster and encourage:
a. The native language, history, arts and crafts.
b. Instruction in the English language to in-
habitants of all ages.
c. Preprofessional training in medicine, nurs-
ing, and teaching as well as vocational training in
trades, arts and crafts, agriculture, homemaking
and business.
d. Experimental and demonstrational projects
in agriculture.
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schools. All schools teaching secular education
shall operate within the policies set forth hy higher
authority.
3. School at endance shall, whenever possible,
be compulsory from, ages six to fourteen. Ex-
ceptions may only be made under special circum-
stances and with the approval of the Civil Admin-
istrator.
4. Each Civil .Administration Unit shall main-
tain an elementary school program predicated
upon at least eight years of normal attendance.
5. The school term shall commence each year
on the first Tuesday after the first Monday of Sep-
tember and will consist of one hundred eighty
class days. Vacation periods applicable through
the entire Trust Territory will be designated by
the Educational Administrator, Staff, DEPHI-
COMTERPACIS, while those applicable only
within districts will be designated by the Civil
Administrator concerned. He will take into con-
sideration such determinants as local seasons and
customs, local holidays, seasonal economic pur-
suits, etc.
6. The school week shall consist of five class
days.
7. The school day shall consist of a minimum of
three hours of instruction for all first-year pupils
and a minimum of five hours of instruction for
all other elementary school pupils.
8. Elementary schools shall provide instruction
i :
a. English.
b. Industrial Arts and Vocational Training.
c. Arithmetic.
d. Social Studies including History, Geog-
raphy, Civics, Hygiene and Sanitation.
e. Native Language, History, Arts and Crafts.
9. Adult education shall be established in areas
where and when facilities and conditions permit.
This program will offer, when possible, educa-
tional opportunities in courses such as English
and native, language, arithmetic, geography, his-
tory, hygiene and sanitation, economics, home-
making, arts and crafts, trades, and public safety.
10. Public money shall not be appropriated by
any municipal government for the support or ben-
efit of any sectarian, denominational, or private
school or to any school not under the jurisdiction
of the Department of Education, except that
schools which conform to the regulations and
standards prescribed for public schools, and qual-
ify to teach secular education may be furnished
standard prescribed text materials in the same
proportion per capita pupil as supplied the public
116
CHAPTER 9
FINANCE AND TAXATION ,
1. The legal tender of the Trust Territory shall
be United States currency and fractional coins.
2. The budgetary requirements for the govern-
ment of the Trust Territory of the Pacific Islands
will be met insofar as possible by the inhabitants
through the means of taxes, licenses, fines, fees
and duties, charges - for concessions and snrcharges
upon the natural resources of the area.
3. Taxes and revenue-producing meaSures for
the support of the government of the Trust Ter-
ritory will be derived from:
a. Area-wide taxes and revenue measures im-
posed by -the authority of the High Commissioner ;
and
b. Taxes and revenue measures imposed by mu-
nicipal authorities.
4. Internal revenue taxes, import and export
duties, processing and head taxes are imposed by
authority of the High Commissioner. All funds
(less cost of collection) obtained from such taxes
will be used for the benefit of the Trust Territory.
5. Between areas, districts and island's of the
Trust Territory no import or export tax shall be
imposed on any merchandise or other )roducts
originating in any other island within tie terri-
tory.
6. Each municipality shall have an official who
will be responsible to the municipality for all
funds collected as municipal funds.
7. Municipal authorities shall be responsible
for the following items of expenses for local gov-
ernment and shall submit to the Civil A.dminis-
tration Unit for approval and annual budget
providing for:
a. Salaries of munieipal officials including all
present local officials whose duties are performed
entirely within the municipality, except members
of the Central Pacific Insular Establislnnent.
b. Repair and maintenance of all municipal pub-
lic buildings.
c. Repair and maintenance of all public roads,
walks, paths, bridges and wharves within the mu-
nicipality, except such main roads, bridges, or
wharves, if any, as may be specifically designated
by Civil Administration as its own responSibility.
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8. A supplemental budget shall be similarly pre-
sented if need therefor arises. These budgets may
be revised by Civil Administration but only in
emergencies shall this be done without consulta-
tion with the officials of the municipality con-
cerned. The decision of the municipality shall be
overridden only for urgent cause. Approval of
the budget shall authorize the municipality to pro-
ceed with the expenditures therein provided. In-
dividual payments within the approved budgets
shall be made by the municipal treasurer upon the
order of the municipal magistrate. No payments
shall be made from municipal funds except in ac-
cordance with an approved annual or supplemental
budget.
9. Funds collected by municipal authorities
from any of the following sources will be paid
into the respective municipal treasuries for the
purpose of meeting budget requirements. All
local tax measures shall be approved by the Civil
Administration prior to becoming effective.
a. Head taxes from residents.
b. License fees for businesses carried on en-
tirely within the municipality.
c. Sales taxes on luxuries sold at retail within
the municipality.
d. Property taxes on property with in the mu-
nicipality.
e. Fees for private use of municipal property
services and facilities.
10. The head tax throughout the Trust Terri-
tory shall apply to all males between the ages of
18 and 60 years inclusive. It shall be $2 per man
per year, and may be paid in two equal install-
ments at the option of the taxpayer.
1. . License fees as a prerequisite to engaging in
business and for other purposes, not to exceed $10
per annum, may be levied by each Civil Adminis-
tration Unit in the area under its jurisdiction.
Schedules of license fees exceeding $10 per an-
num shall be submitted to the Deputy High Com-
missioner for approval.
12. Facilities for the safekeeping of funds for
the extension of credits to promote trade and
industry will be provided by means of banks or
other institutions under the control of the United
States Government.
13. The head tax specified in this Section and
any levy or assessment for projects essential for
the welfare of the community may be paid either
in the legal tender of the Trust Territory or in
117
labor in lieu of money, in conformity with local
customs. (Amended by Interim Regulation No.
7-48, 24 August 1948.)
CHAPTER 10
CRIME
Interim Regulation No. 5-48
AMENDED CRIMINAL CODE
The following amended criminal code is hereby
promulgated with the force and effect of law
throughout the Trust Territory of the Pacific
Islands effective immediately. Interim Regula-
tion No. 3-48 is hereby cancelled, except that it
shall remain in full force and effect as to crimes
committed prior to the promulgation hereof.
_ARTICLE I
CLASSIFICATION OF CRIMES
Crimes are divided into two classifications:
felonies and misdemeanors. Felonies are hereby
defined as being those crimes which are punishable
by death or by imprisonment for a period of more
than one year. Misdemeanors are hereby defined
as all other crimes.
AtracLE II
CRIMES AGAINST THE PERSON
SECTION 1. Murder in the First Degree. Who-
soever shall unlawfully take the life of another
with malice- aforethought, by poison, lying in
wait, torture, or any other kind of willful, de-
liberate, malicious, and premeditated killing, or
while in the perpetration of, or attempt to per-
petrate, any arson, rape, mayhem, burglary, or
robbery, shall be guilty of murder in the first
degree, and upon conviction thereof, shall be
sentenced to death or life imprisonment.
SECTION 2. Murder in the Second Degree.
Whosoever shall unlawfully take the life of an-
other with malice aforethought, or while in the
perpetration of, or attempt to perpetrate, any
felony, but not as described in Section 1 of this
Article, shall be guilty of murder in the second
degree, and upon conviction thereof, shall be im-
prisoned for a period of not less than five years
or for life.
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SEcrrox 3. Voluntary Manslaughter. Whoso-
ever shall unlawfully take the life of another with-
out malice aforethought, upon a sudden quarrel
or heat of passion, shall be guilty of voluntary
manslaughter, and upon conviction thereof, shall
be imprisoned for a term of not more than ten
years.
. SECTION 4. Involuntary Manslaughter. Who-
soever shall unlawfully take the life of another
without malice, in the commission of an unlawful
act not amounting to a felony, or in the commis-
sion of a lawful act which might produce death,
in an unlawful manner, or without due caution
and circumspection, shall be guilty of involun-
tary manslaughter, and upon conviction thereof,
shall be sentenced to imprisonment for a term
of not more than three years, or fined not exceed-
ing one thousand dollars ($1,000), or both.
SECTION 5. Mayhem. Whosoever shall unlaw-
fully and maliciously assault, strike, beat, wound,
or maim another so that he shall lose a part of
his body or be permanently disfigured, shall be
guilty of mayhem, and upon conviction thereof
shall be imprisoned for a period of not more
than ten years.
SECTION 6. Rape. Whosoever shall unlawfully
have sexual intercourse with a female, not his
wife, by force and against her will, shall be guilty
of rape, and upon conviction thereof, shall be im-
prisoned for a period of not more than fifty years.
SECTION 7. Carnal Knowledge. Whosoever
shall unlawfully have carnal knowledge of the
person of a female, not his wife, of less than
fourteen years of age, shall, upon conviction
thereof, be imprisoned for a period of not more
than twenty years.
SEcnoN 8. Aggravated Assault. Whosoever
shall unlawfully assault, strike, beat, or wound
another, with a dangerous weapon, with intent to
kill, rape, rob, or to commit any other felony
against the person of another, shall be guilty of
aggravated assault, and upon conviction thereof,
shall be imprisoned for a period of not more than
10 years.
SECTION 9. Assault. Whosoever shall unlaw-
fully offer or attempt, with force or violence, to
strike, beat, wound, or to do bodily harm to
another, shall be guilty of assault, and upon con-
viction thereof, shall be imprisoned .for a period
of not more than 6.months; or shall be fined not
more than one hundred dollars ($100), or both.
118
SECTION 10. Assault and Battery. Whosoever
shall unlawfully strike, beat, wound, or otherwise
do bodily harm to another, shall be guilty of
assault and battery, and upon conviction thereof,
shall be punished in accordance with section 9 of
this Article.
SECTION 11. False Arrest. Whosoever shall
unlawfully detain another by force and against
Ins will, then and there not being in possession of
authority to do so, shall be guilty of false arrest,
and upon conviction thereof, shall be imprisoned
for a period of not more than 6 months, or shall
be fined not more than one hundred dollars
($100), or both.
SmTioN 12. Abduction o/ a Female. Whoso-
ever shall unlawfully detain a female, or take her
against her will, with intent to compel marriage
either with himself or any other person; or to be
defiled; or for prostitution or sexual intercourse;
or for concubinage ; shall be guilty of abduction
of a female, and upon conviction thereof, shall be
imprisoned for a? period of not more than 1 year;
or shall be fined not more than one thousand dol-
lars ($1,000), or both.
SECTION 13. Kidnapping. Whosoever forcibly
or fraudulently and deceitfully, and without
authority by law, imprisons, seizes, detains, or
inveigles away any person (other than his minor
child), with intent to cause such person to be
secreted within the Trust Territory of the Pacific
Islands against his will, or sent out of the Trust
Territory of the Pacific Islands against his will,
or sold or held as a slave or for ransoms, shall be
guilty of kidnapping, and upon conviction there-
of, shall be imprisoned for a period of not more
than 20 years.
ARTICLE III
CRIMES AGAINST PROPERTY
SECTION 1. Arson. Whosoever shall unlaw-
fully, willfully, and maliciously set fire to and
burn the dwelling, office, warehouse, store, barn,
shed, . cookhouse, boat, canoe, lumber, copra, or
any other building or shelter, or other property
the product of his own or another's land, shall be
guilty of arson, and upon conviction thereof, shall
be imprisoned for a period of not more than 20
years.
SECTION 2.- Burglary. Whosoever shall unlaw-
fully and by force enter the dwelling house or
other building of another, with intent to steal or
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Ar,r,roved For Release 2003/11/04: CIA-RDP58-00453R000100300013-8
commit any o her felony therein, shalt be guilty
of burglary, and upon conviction thereof, shall be
imprisoned for a period of not more than 20 years.
SECTION 3. Grand Larceny. Whosoever shall
unlawfully steal, take and carry away personal
property of another, of the value of fifty dollars
($50) or more, without the owner's knowledge or
consent, and with the intent to permanently con-
vert it to his own use, shall be guilty of grand
larceny, and upon conviction thereof, shall be im-
prisoned for a period of not more than 5 years, or
fined not more than one thousand dollars ($1000),
or both.
SECTION 4. Petit Larceny. Whosoever shall
unlawfully steal, take and carry away personal.
property of another, of the value of less than fifty
dollars ($50) without the owner's knowledge or
consent, and with the intent to permanently con-
vert it to his own use, shall be guilty of petit lar-
ceny, and upon conviction thereof, shall be im-
prisoned for a period of not more than 6 months,
or fined not more than one hundred dollars ($100) ,
or both.
SECTION 5. Larceny, From a Dwelling House.
Whosoever shall unlawfully steal, take and carry
away the personal property of another, of any
value whatsoever, from his or another's dwelling
house, without the owner's knowledge or consent,
and with the intent to permanently convert it to
his own use, but without the force necessary to con-
stitute tt burglary, shall be guilty of larceny from
a dwelling house, and upon conviction thereof,
shall be imprisoned for a period of not more than
10 years.
SECTION 6. Embezlemeut. Whosoever, after
having lawfully obtained possession of the per-
sonal property of another, shall. take and carry
away said property without the owner's knowledge
and consent, and with the intent to permanently
convert it to his own use, shall be guilty of em-
bezzlement, and upon conviction thereof, shall be
punished in accordance with the terms of Section.
3 of this Article if the value of said property be
fifty dollars ($50) or more, and in accordance with
the terms of Section 4 of this Article if the value
of said property be less than fifty dollars ($50).
SECTION 7. Robbery. Whosoever shall unlaw-
fully steal, take and carry away the personal prop-
erty of another, of whatever value, from his person
or in his presence and against his will, by use of
119
force or intimidation, with the intent to perma-
nently convert said property to his own use, shall
be guilty of robbery, and upon conviction thereof,
shall be imprisoned for not more than 20 years.
SECTION 8. Receiving Stolen Goods. Whosoever
shall unlawfully take into his possession, with the
consent of the donor, stolen or embezzled property,
then and there knowing said property to have
been stolen or embezzled, with fraudulent intent
thereby or to aid in the theft, shall be guilty of
receiving stolen goods, and upon conviction
thereof, shall be imprisoned for a period of not
more than 1 year, or fined not, more than one
hundred dollars ($100), or both.
SECTION 9. Forgery. Whosoever shall unlaw-
fully and falsely make or materially alter a writ-
ing or document of apparent legal weight and
authenticity, with intent thereby to defraud, shall
be guilty of forgery, and upon conviction thereof,
shall be imprisoned for a period of not more than
10 years.
SECTION 10. Cheating. Whosoever shall un-
lawfully obtain the property or money of another
by false pretenses, knowing the pretenses to be
false, and with the intent thereby to permanently
defraud the owner thereof, shall be guilty of cheat-
ing, and, if the value of the property thus obtained
be fifty dollars ($50) or more, shall be imprisoned
for a period of not more than 5 years; or if the
value of the property thus obtained be less than
fifty dollars ($50) shall be imprisoned for a pe-
riod of not more than 6 months, or fined not more
than one hundred dollars ($100) or both.
SECTION 11. Malicious Mischief. Whosoever
shall unlawfully, wilfully, and maliciously de-
stroy, damage, or otherwise injure property be-
longing to another, shall be guilty of malicious
mischief, and upon conviction thereof, shall be
imprisoned for a period of not more than 6 months,
or shall be fined not more than one hundred
($100) , or both.
SEcTioN 12. Trespass. Whosoever shall unlaw-
fully violate or interfere with the peaceful use
and possession of the dwelling house, premises,
or property of another, whether by force or by
stealth, but without committing or attempting to
commit any of the beforementioned crimes, shall
be guilty of trespass, and upon conviction thereof,
shall be punished in accordance with the terms of
the foregoing paragraph.
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ART [CLE IV
CRIM ES AGAINST THE PUBLIC HEALTH, SAFETY,
COMFORT, AND MORALS
SECT CON 1. Maintaining a Nuisance. Whoso-
ever shall unlawfully maintain or allow to be
maintained a condition of things which is preju-
dicial to the health, comfort, safety, property,
sense of decency, or morals of the people of the
Trust Territory of the Pacific Islands by an illegal
act, or by neglect of legal duty, shall be guilty of
maintaining a nuisance, and upon conviction
thereof, shall be imprisoned for a period of not
more than 6 months, or shall be fined not more
than one hundred dollars ($100), or both.
SECTION 2. Bigamy. Whosoever being legally
married, shall unlawfully and wilfully marry
another during the tenure of the marriage con-
tract with his or her wife or husband, shall be
guilty of bigamy, and upon conviction thereof,
shall be punished in accordance with Section 6
of this Article: provided, however, that no person
shall be found guilty of bigamy whose wife or
husband has been absent for a period of 5 years,
without being known by such person to be alive
during that time.
SECTION 3. Adultery. Whosoever, being a mar-
ried person, shall unlawfully and voluntarily en-
gage in sexual intercourse with another who is
not his or her wife or husband, or whosoever,
being an unmarried person, shall unlawfully and
voluntarily engage in sexual intercourse with a
married person, shall be guilty of adultery, and
upon conviction thereof, shall be punished in ac-
cordance with Section 1 of this Article.
SECTION 4. Incest. Whosoever shallno] awfully
engage in sexual intercourse with another of such
a close blood relationship or affinity that mar-
riage between the two who so engage is prohibited
by law or custom, shall be guilty of incest, and
upon conviction thereof, shall be imprisoned for
a period of not more than 5 years; provided, that
the burden of proof of such relationship or af-
finity shall rest with the prosecution.
SECTION 5. Sodomy. Whosoever shall unlaw-
fully and voluntarily have any sexual relations
with a member of the same or the other sex, that
are of an unnatural manner, or who shall have
any carnal connection in any manner with a beast,
shall be guilty of sodomy, and upon conviction
thereof, shall be imprisoned for a period of not
120
more than 10 years; provided, that the term
"sodomy" shall embrace any and all parts of the
sometimes written "Abominable and detestable
crime against nature."
SECTION 6. Abortion. Whosoever shall unlaw-
fully cause the miscarriage or premature delivery
of a woman, with the intent to do so, shall be
guilty of abortion and upon conviction thereof,
shall be imprisoned for a period of not more than
5 years.
ARTICLE V
CRIMES AGAINST PUBLIC JUSTICE AND AUTHORITY
SEcTioN 1. Perjury. Whoever, having taken
an oath or any legal substitute therefor before a
competent tribunal, officer, or person, in any case
in which a law of the Trust Territory of the Pacific
Islands authorizes an oath or any legal substitute
.therefor to be administered, that he will testify,
declare, depose, or certify truly, or that any writ-
ten testimony, deposition, or certificate by him
subscribed is true, shall wilfully and contrary to
such oath or legal substitute therefor stat or sub-
scribe any material matter which he oes not
believe to be true, shall be guilty of perjury, and
upon conviction thereof, shall be imprisoned for
a period of not more than 5 years.
SECTION 2. Bribery. Whosoever shall unlaw-
fully and voluntarily give or receive anything of
value in wrongful and corrupt payment for an
official act done or not done, to be done or not to
be done, shall be guilty of bribery, and upon con-
viction thereof, shall be imprisoned for a period
or not more than 5 years, and shall he fined three
times the value of the payment received; or, if
the value of the payment cannot be determined
in dollars, shall be imprisoned for a period of
not more than 5 years, and fined not mOre than
one thousand. dollars ($1,000).
SECTION 3. Misconduct in. Public Office Who-
soever, being a public official shall do any illegal
acts under the color of office, or wilfully neglect
to perform the duties of his office as provided by
law, shall be guilty of misconduct in Public Of-
fice, and upon conviction thereof, shall be im-
prisoned for a period of not more than 1 year, or
fined not more than one thousand dollars ($1,000).
or both.
SECTION 1. Obstructing Justice. Whosoever
shall unlawfully resist or interfere with --any law
enforcement officer in the lawful pursuit of his
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Approved For Release 2003/11/04
duties, or shall unlawfully tamper with witnesses
or prevent or attempt to prevent their attendance
at trials, shall be guilty of obstructing justice, and
upon conviction thereof, shall be imprisoned for
a period of not more than 1 year; or shall be fined
not more than one thousand dollars ($1000) , or
both.
SECTION 5. Escape. Whosoever, being a law
enforcement officer, or other person having law-
ful custody of a prisoner, shall unlawfully, wil-
fully, or negligently allow said prisoner to depart
from such custody, except by due process of law;
or, whosoever, being a prisoner, shall unlawfully
and wilfully depart from such custody, shall be
guilty of escape, and upon conviction thereof,
shall be imprisoned for not more than 3 years.
SECTION 6. Rescue. Whosoever, shall unlaw-
fully, knowingly, forcibly, and wilfully rescue any
prisoner from the custody of any person lawfully
having custody thereof, shall be guilty of rescue,
and upon conviction thereof, shall be punished in
accordance with the provisions of Section 5 of this
Article.
SEcTIoN 7. Criminal Contempt. Whosoever
shall unlawfully, knowingly, and wilfully inter-
fere directly with the operation and function of a
court, by open defiance of an order, in or near the
courtroom; or by disturbing the peace in or near
the courtroom; or by speaking or writing in such
a manner as to intimate that the court is unfair or
corrupt; or when a witness, by refusing to answer
lawful questions; or shall resist or refuse, or fail
to comply with a lawful order of the court; or
shall interfere with an officer of the court in the
pursuit of his official duties; shall be guilty of
criminal contempt and upon conviction thereof,
shall be imprisoned for a period of not more than
6 months, or shall be fined not more than one hun-
dred dollars ($100), or both.
SECTION 8. Compounding a Crime. Whosoever
shall unlawfully, knowingly, and wilfully, having
knowledge that a crime has been, is being, or is
about to be committed, agree for a reward not to
prosecute it, shall be guilty of compounding a
crime, and upon conviction thereof, shall be im-
prisoned for a period of not more than 1 year, or
fined not more than one hundred dollars ($100),
or both.
SECTION 9. Conspiracy. If two OP more persons
conspire either to commit any crime against the
Trust Territory of the Pacific Islands, or to de--
974662-51? -9
121
Traua a87PPgfO00P99t ry) fi c Islands
or the United States in any manner or for any
purpose, and one or more of such parties do any
act to effect the object of the conspiracy, each of
the parties to such conspiracy shall be guilty of
conspiracy, and upon conviction thereof, shall be
imprisoned for a period of not more than 2 years,
or fined not more than two thousand dollars
($2,000), or both.
ARTICLE VI
CRIMES AGAINST THE PUBLIC PEACE,
SECTION 1. Disturbing the Peace. Whosoever
shall unlawfully and wilfully commit any acts
which annoy or disturb other persons so that they
are deprived of their right to peace and quiet, or
to provoke a breach of the peace, shall be guilty
of disturbing the peace, and upon conviction
thereof, shall be imprisoned for a period of not
more than 6 months, or shall be fined not more
than fifty dollars ($50), or both.
SECTION 2. Drunken and Disorderly Conduct.
Whosoever is drunk and disorderly on any street,
road, or other public place from the voluntary use
of intoxicating liquor, shall be guilty of drunken
and disorderly conduct and upon conviction there-
of, shall be punished according to the provisions
of Section 1 of this Article.
SECTION 3. Affray. Whosoever shall unlawfully
and wilfully engage in altercation or fight with
one or more persons in a public place, so that
others are put in fear or danger, shall be guilty
of affray, and upon conviction thereof, shall be
punished according to the provisions of Section 1.
of this 'Article.
SECTION 4. Riot. Whenever three or more per-
sons shall assemble, and by force and violence,
or by loud noise and shouting, shall unlawfully
place others in fear or danger, they shall be guilty
of riot, and upon conviction thereof, shall he
punished according to the provisions of Section 1
of this Article.
SECTION 5. Criminal Libel (Calumny). Who-
soever shall unlawfully, wilfully, and maliciously,
speak, write, print, or in any other manner publish
material which exposes another person to hatred,
contempt, or ridicule, shall be guilty of criminal
libel, and upon conviction thereof, shall be pun-
ished in accordance with Section 1 of this Article.
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Approved For Release
ARTICLE VII
GENERAL PROVISIONS
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doned or paroled by the Governor of the sub-area
upon such terms and conditions, if any, as he shall
deem best.
(c) Any person sentenced in any CiVil Admin-
istration Unit District to imprisonment for not
more than 6 months or to pay a fine 4:4 not more
than one hundred dollars ($100) may be pardoned
or paroled by the Civil Administrator f the Dis-
trict upon such terms and conditions, f any, as
he deems best.
SECTION 6. Limitation on Punishment for Vio-
lation of Native Customs. The penalty for any
act which is made a crime solely by generally re-
spected native custom, shall not exceed a fine of
one hundred dollars ($100) or 6 months imprison-
ment, or both.
SECTION 7. Recognition of Native Customs.
In awarding sentences in accordance with this
code, due recognition shall be given to the customs
of the inhabitants in accordance with the Trustee-
ship Agreement, Article 6, paragraph 1, last two
clauses.
SECTION 8. Limitation of Prosecutions. No
person shall be prosecuted, tried, or punished for
any crime, except murder in the first or second
degree, unless the prosecution is commenced
within three years next after such crime Shall have
been committed; provided, however, thalt nothing
in this section shall bar any prosecution against
any person who shall flee from justice, or absent
himself from the Trust Territory of the Pacific
Islands, or so secrete himself that he cannot be
found by the officers of the law, so that
cannot be served upon him.
SECTION 1. Attempts. Whosoever shall unl aw-
fully attempt to commit any of the crimes named
in this code, which attempt shall fall short of
actual commission of the crime itself, shall be
guilty as though he actually committed the crime,
and may be prosecuted for the attempt, and upon
conviction thereof, shall receive the same punish-
ment as if convicted of the crime itself; except
that the death sentence cannot be invoked -for at-
tempted murder.
SEctiox 2. Accessories. Whosoever shall un-
lawfully aid, assist, advise, or order the person
or persons who commit a crime, before the crime
is committed and who is not present when the
crime is committed, shall be named an accessory
before the fact. Whosoever, knowing a crime to
have been committed 'shall unlawfully receive,
comfort, harbor, aid, advise, or assist the person
he knows committed the crime, shall be named an
accessory after the fact. Whosoever shall be
named accessory shall be equally guilty with the
person who committed the crime, and shall re-
ceive the same punishment; no distinction is made
between principals in the first and second degrees.
SEcnoN 3. Disability. Children under the age
of ten are conclusively presumed to be incapable
of committing any crime. Children between the
ages of ten and fourteen are also conclusively pre-
sumed to be incapable of committing any crime,
except the crimes of murder and rape, in which
cases the presumption is rebuttable. No persons
judged by competent medical authority to be in-
sane can be convicted of any crime because of the
presumption that such person cannot have
criminal intent.
SECTION 4. Threats as Excuse. Whosoever
shall commit any crime, except murder, because he
was forced to do so by threat of death or serious
bodily harm, shall be excused upon proof thereof;
provided, that the force remains present and con-
tinuous until the crime has been committed.
SECTION 5. Pardons and Paroles. (a) Any
person convicted of any crime in the Trust Terri-
tory may be pardoned or paroled by the Deputy
High Commissioner upon such terms and condi-
tions, if any, as he shall deem best.
(b) Any person convicted of a misdemeanor in
any sub-area of the Trust Territory may be par-
122
CHAPTER 11
Interim Regulation No. 1-49
CIVIL ADMINISTRATION COURTS
process
Interim Regulation No. 1-48 is herebY repealed
and superseded by this Interim Regulation.
ARTICLE I
CREATION OF CIVIL ADMINISTRATION COURTS
Civil Administration Courts for the Trust Ter-
ritory of the Pacific Islands including territory
waters are hereby established. There shall be
Courts of Appeals, a District Court, Superior
Courts, Justice Courts, and Community Courts,
as hereinafter described.
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A RTICLE 11 deems necessary for the Uourts, at salaries fixed
by him within the limit of funds authorized for
this purpose.
SECTION 1. Over Territory. Jurisdiction of a
Court of Appeals shall, extend to the whole of the
Trust Territory of the Pacific Islands, or to any
part thereof. Jurisdiction of the District Court
shall extend to the whole of the Trust Territory
of the Pacific Islands. Jurisdiction of a Superior
Court shall extend to the whole of the Civil Ad-
ministration Sub-Area in which the Court is lo-
cated, or to any part thereof. Jurisdiction of a
Justice Court shall extend to the whole of the civil
administration district in which the Court is lo-
cated, or to any part thereof. Jurisdiction of a
Community shall extend to the whole of the Com-
munity in which the Court is located, or to any
part thereof.
SECTION 2. Over Persons. Jurisdiction of a
Civil Administration Court shall extend to all per-
sons within the area of its territorial jurisdiction,
except: (a) jurisdiction shall not extend to per-
sons having diplomatic immunity; (b) jurisdic-
tion- of a Community Court shall extend only to
native inhabitants of the Trust Territory of the
Pacific Islands within that community.
SECTION 3. Over Offenses and Civil Cases.
Civil Administration Courts shall have jurisdic-
tion over all offenses committed within the juris-
diction of the Trust Territory of the Pacific Islands
and all types of civil claims except that the Dis-
trict Court shall have exclusive original jurisdic-
tion as to admiralty and maritime matters and
adjudication of title to land or any interest therein
(other than the right to immediate possession).
ARTICLE III
CHIEF JUSTICE
There shall be a Chief Justice of the Trust
Territory of the Pacific Islands who shall be ap-
pointed by the Secretary of the Navy and shall
serve during the pleasure of the latter. The Chief
Justice shall have administrative supervision over
all Civil Administration Courts and may make
rules of pleading, practice, and procedure, not in-
consistent with any other provisions of law, for
the government of any Civil Administration
Courts and any proceedings therein. He is hereby
authorized to appoint a Clerk of Courts for each
District, who shall act as Clerk for all Courts of
Appeals, District, Superior, and Justice Courts
held in that district, and such other officers as he
123
ARTICLE IV
CONSTITUTION OF CIVIL ADMINISTRATION COURTS
SECTION 1. Courts of Appeals. A Court of Ap-
peals shall consist of not less than three persons,
including the Chief Justice of the Trust Territory
of the Pacific Islands except when he is disquali-
fied or not available. The Chief Justice shall pre-
side at any session of a Court of Appeals which
he attends. The Court shall be convened by the
Deputy High Commissioner of the Trust Terri-
tory of the Pacific Islands or his delegated repre-
sentative.
SECTION 2. District Court. The District Court
of the Trust Territory shall hold sessions in each
civil administration district. The Chief Justice
of the Trust Territory of the Pacific Islands and
any other member of a Court of Appeals who is
assigned or employed for judicial duties as his
primary duty shall sit as District Judges and in-
dividually hold sessions of the District Court, ac-
cording to assignments made by the Chief Justice.
A District Judge may select an assessor, at such
compensation as the Chief Justice may approve
(within the limit of funds authorized for this
purpose) , to advise the Court in regard to the local
law and custom. Such assessor shall sit with the
Judge, but shall have no vote in any decision.
SECTION 3. Superior Court. A Superior Court
shall consist of one or more persons at least one of
whom, shall be an officer or employee of civil ad-
ministration. The Court shall be convened by the
Governor in whose Sub-Area the Court shall Sit.
SECTION 4. Justice Court. A Justice Court shall
consist of one or more persons. The Court shall
be convened by the Civil Administrator of the
district in which the Court shall sit.
SECTION 5. Community Court. A Community
Court shall consist of one or more judges either
appointed or elected, as deemed appropriate by
the Civil Administrator in whose district the com-
munity is located. In determining the method
of selecting a Community Court Judge, the Civil
Administrator will adhere to local custom to the
maximum degree consistent with proper civil ad-
ministration.
SECTION 6. Utilization of Native Inhabitants.
Native inhabitants of the Trust Territory shall be
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utilized, in the civil administration court system ARTICLE VI
to the maximum degree consistent with proper
adruin i strati on.
ARTICLE V
COMPETENCY OF CIVIL ADMINISTRATION COURTS
SECTION 1. Court of Appeals. A Court of Ap-
peals shall be competent to try all civil or criminal
cases on appeal from the District Court or Su-
perior Courts.
SECTION 2. District Court. The District Court
shall be competent: (a) to try originally all pro-
ceedings, civil or criminal, at law or in equity, in-
cluding probate, admiralty, and maritime matters
and adjudication of title to land or any interest
therein, and (1) ) to try all civil or criminal cases
on appeal from Justice Courts. The District
Court shall be a court of record and shall have
an impression seal, an original of which shall be
kept in the custody of the Clerk of Courts for each
district.
SECTION 3. Superior Court. A Superior Court
shall be competent to try: (a) all civil cases beyond
the limitations of Justice Courts or Community
Courts, and (b) all criminal offenses against civil
administration or generally recognized native cus-
toms, beyond the limitations of Justice Courts or
Community Courts, for which any lawful punish-
ment may be given.
SECTION 4. Justice Court. A Justice Court shall
be competent to try: (a) all civil cases beyond the
limitations of Community Courts, where the
amount at issue does not exceed one thousand
($1,000) , (b) all criminal offenses against civil
administration or generally recognized native
customs, beyond the limitations of Community
Courts, the lawful punishment for which does not
exceed a fine of one thousand ($1,000) dollars, or
one (1) year imprisonment or both, and (c) all
civil or criminal cases on appeal from Community
Courts.
SECTION 5. Community Court. A Community
Court shall be competent to try: (a) all civil cases
where the amount at issue does not exceed one hun-
dred dollars ($100) , and (b) all criminal offenses
against civil administration or generally recog-
nized native customs, the lawful punishment for
which does not exceed a fine of one hundred ($100) ,
or six (6) months imprisonment, or both.
124
EXERCISE OF CONCURRENT JURISDICTION
SECTION 1. Concurrent Jurisdiction of District
Court. In all matters other than those vVithin the
exclusive original jurisdiction of the District
Court under Section 3 of Article II hOreof, the
original jurisdiction of the District Curt shall
be concurrent with the Superior, Justice, and Com-
munity Courts within their respective Competen-
cies for original action.
SECTION 2. With Justice and COmmunity
Courts. The District Court shall not act as a
court of first instance in any cases as te which it
determines that reasonably prompt justiqe is avail-
able in a Justice or Community Court.
SECTION 3. With Superior Courts. The Dis-
trict Court shall act as a court of first instance as
to all matters within the competency of the
Superior Courts for original jurisdiction except
in cases involving charges of murder in the first
or second degree and cases which the District
Court cannot try without undue delay. Cases in-
volving charges of murder in the first or second
degree shall be tried by a Superior Cort of not
less than three members if such a court is available
or can be made available.
SECTION 4. Tran,sfer of Cases. Any case
brought in the District Court may be transferred
by that Court to any Superior, Justice, or Com-
munity Court which is competent to tr3i it. Any
case brought in a Superior, Justice, or Community
Court may be transferred by the Court in which it
is brought to the District Court with the consent
of the latter.
ARTICLE VII
DISQUALIFICATIONS
SECTION 1. No judge shall hear or determine an
appeal from the decision of a case or issue tried
by him.
SECTION 2. Any judge shall disqualify himself
in any case in which he has a substantial interest,
has been of counsel, is or has been a material wit-
ness, or is so related -to or connected with anyparty
or his attorney as to render it improer in his
opinion, for him to sit on the trial, appeal, or other
proceeding therein.
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ARTICLE VIII
PROCEDURE
SECTION 1. Public Sessions. The proceedings
of every civil administration court shall be public
except when otherwise ordered by the court.
SECTION 2. Rights of the Defendants. Every
defendant before a civil administration court is
entitled:
(a) To have in advance of trial a copy of the
charges upon which he is to be tried;
(b) To consult an attorney before the trial and
have an attorney or other representative of his
? own choosing defend him at the trial. The Court
may, at the request of the defendant or of its own
motion, assign to him an attorney, officer or other
person to assist in the defense of the case;
(c) To apply to the Court for further time to
prepare his defense, winch application the Court
may grant or deny at its own discretion;
(d) To bring with him such material witnesses
as he may desire or have them summoned by the
Court at his request;
(e) To give evidence on his own behalf at his
own request at the trial, though he may not be com-
pelled to do so;
(f) To have the proceedings translated for his
benefit when he is unable to understand them
otherwise.
ARTICLE IX
IMPRISONMENT, FINES, OTHER PUNISIUVIENTS
SECTION 1. Previous Convictions. Before im-
posing sentence upon any person found guilty
by a civil administration court, evidence of good
or bad character including any prior criminal
record of the defendant before either military
tribunals or civil courts may be received and con-
sidered by the Court determining the sentence to
be imposed.
SEcTioN 2. Fines. Where under any proclama-
tion, order or regulation, on offense is made pun-
ishable by fine, the Court imposing the fine may
give such directions as appear to be just with
respect to the payment of the fine and in default
of payment of whole or part thereof may order the
defendant to be committed to prison for such
period as the Court may direct.
SECTION 3. Orders as to Residence. A Court of
Appeals, the District Court, or the Superior Court
125
may direct that the defendant establish his place
of residence within a specified area in lieu of or in
addition to any other lawful punishment.
SECTION 4. Confiscation. If a defendant shall
be convicted of wrongful or unlawful sale, pur-
chase, use or possession of any article, a civil
administration court may, in lieu of or in addi-
tion to any other lawful punishment, order resti-
tution or compensation to the owner, or the for-
feiture of such article of civil administration.
SECTION 5. Padlocking. If a defendant shall
be convicted of an offense involving the sale of a
harmful article or the operation of an improper
place of business, a civil administration court may
order that, in lieu of or in addition to any other
lawful punishment, such place be vacated or closed
for a fixed time.
SEcnoN 6. Suspension of Sentence. A Civil
administration court may direct that the whole or
any part of a sentence of imprisonment imposed
by it shall be suspended, on such terms as good
behavior together with such conditions (if any)
as the court may impose. A subsequent conviction
for any offense by a civil administration court shall
have the effect of revoking the suspension of the
previous sentence unless the Court otherwise
directs.
ARTICLE X
GENERAL PROVISIONS
SECTION 1. A Civil Administration Court may
make such orders and do all such acts as may be
requisite for the due administration of justice and,
without prejudice to the generality of the fore-
going provision, may grant bail, accept and for-
feit security therefore, make orders for the
attendance of witnesses with or without documents,
make orders for the disposal of exhibits, punish
contempt of court, and may, for due cause, pro-
hibit any attorney or other person from appearing
in Court.
SECTION 2. Any action taken by a Civil Admin-
istration Court or any member thereof outside the
Trust Territory or outside the territorial juris-
diction, of the Court shall be valid and effective
within the Trust Territory to the same extent as
if taken within the Trust Territory or within the
territorial jurisdiction of the Court.
SECTION 3. Each member of a Civil Adminis-
tration. Court and each Clerk of Courts for a dis-
trict shall have authority to administer oaths and
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affirmations, take acknowledgments, and exercise
the general powers of a notary public.
SECTION 4. The terms "Civil Administration
Sub-Area" and "Sub-Area" herein refer to the
respective areas for which a GoVernor is responsi-
ble under Section 3 of Interim Regulation No.
4-48. The terms "Civil Administration District"
and "District" herein refer to the districts named
in Section 3 of Interim Regulation No. 4-48 as
amended by Interim Regulation No. 6-48 and any
future amendments to said section.
ARTICLE XI
REVIEWS AND APPEALS
SEcTioN 1. Review. Every record of trial by
a Superior Court, Justice Court, or Community
Court shall be submitted to the District Court for
review and file with the Clerk of Courts for the
district in which the trial was held.
SECTION 2. Powers on Review. The District
Court, as reviewing authority, shall have power
to modify or set aside any judgment or order, to
set aside any conviction, to suspend, reduce or
commute the sentence, or to order a new trial sub-
ject to the right of an accused not to be twice put
in jeopardy for the same offense.
SEcTioN 3. Decisions of Courts of Appeals.
Decisions of a Court of Appeals in all cases ex-
cept those involving the death penalty, shall be
final without any further review or appeal as of
right, but may as a purely discretionary matter
be modified by the Secretary of the Navy if he
deems best.
SEcTIoN 4. Decisions of the District Court. De-
cisions of the District Court shall not be subject
to any automatic review, except in cases involving
the death penalty, but a Court of Appeals shall be
competent to try all civil or criminal cases on
appeal from the District Court in accordance with
Section 1 of Article V hereof.
SECTION 5. Matters Open on Appeal from
Superior Courts or the District Court. Findings
of fact by Superior Courts and the District Court
shall be final and only questions of law shall be
considered on appeal from these courts.
SECTION 6. Action of District Court on Appeal.
In hearing cases on appeal from Justice Courts,
the District Court may, in its discretion, act solely
upon the record after giving the parties or their
counsel opportunity to be heard, act upon the rec-
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ord supplemented by additional evidence, or try
the case de novo.
SECTION 7. Appeals. Any appeal provided for
by law may be taken by filing a notice of appeal
in the court from which the appeal is taken or
with the Clerk of Courts from the district in
which the court was held, within thirty (30) days
after imposition of sentence or entry of the judg-
ment, order, or decree appealed from, or within
such longer time as may be permitted by rules
made pursuant to Article III hereof or order of
court thereunder.
SECTION 8. Review or Appeal as Stay. Pend-
ing the review or any appeal, execution of the
sentence will not be stayed, but shall be effected
forthwith unless a sentence of death is involved
or either a Court of Appeals, the Distriet Court,
or the trial court orders a stay for cause 'shown.
ARTICLE XII
CONFIRMATION OF DEATH SENTENCF
No sentence of death shall be executed unless
and until confirmed by the Secretary of the Navy
of the United States of America.
CHAPTER 1.2
Interim Regulation No. 6-48 (Amended)
ALIEN PROPERTY
ARTICLE I
GENERAL PRINCIPLES
(a) By virtue of the approval of the Trustee-
ship Agreement between the United States and the
United Nations, all rights which Japan exercised
as Mandatory under the League of Nattons man-
date system developed upon the United States.
(b) The Trusteeship Agreement confers upon
the United States, as Administering Authority,
full powers of administration, legislation and
jurisdiction over the Trust Territory.
(c) The Administering Authority is obligated
under the Trusteeship Agreement to prIomote the
economic advancement and self-sufficiency of the
inhabitants of the Territory and, to this end, is
empowered to regulate the use of natural re-
sources, to encourage the development of fisheries,
agriculture, and industries and to protect the in-
habitants against the loss of their lands and
resources.
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(d) The powers granted to the Administering
Authority under the Trusteeship Agreement are
very broad. The Administering Authority must,
of necessity, assume many of the powers and
obligations inherent to a common law trustee.
These powers include, with reference to the assets
of the trust, the power to incur expenses, power
to lease, power of sale, and the power to com-
promise, arbitrate and abandon claims.
(e) The Administering Authority, as trustee
for the benefit of the indigenous inhabitants of
the Trust Territory, has succeeded to the Japanese
Government's rights in its former properties in
the Territory.
ARTICLE II
DEFINITIONS
"Alien Property," as used in this directive and
for all purposes relating thereto, includes, prop-
erty situated in the Trust Territory, formerly
owned by private Japanese nationals, private
Japanese organizations, or by the Japanese Gov-
ernment?Japanese Government organizations,
agencies, Japanese Government quasi-corpora-
tions or government subsidized corporations.
Such property shall be deemed to include tangible
and intangible assets, as well as any right, title,
or interest therein.
"Area Property Custodian" shall be an ap-
pointed official having cognizance over matters
affecting property throughout the entire Trust
Territory in the categories herein referred to.
"District Property Custodian" shall be an ap-
pointed official for each Civil Administration Unit
who shall assist the Area Property Custodian in
accordance with directives that may be issued from
time to time.
ARTICLE III
AREA PROPERTY CUSTODIAN
(a) Upon receipt of this interim directive, the
Area Property Custodian shall be empowered to
issue a Vesting Order, in authorized form, the
effect of which shall be to vest title in the Area
Property Custodian of all alien property as here-
inbefore defined.
(b) Under such Vesting Order, the Area Prop-
erty Custodian shall be authorized to take imme-
diate possession of all alien property in the Trust
Territory.
127
(c) Under such Vesting Order, the Area Prop-
erty Custodian is immediately empowered to hold,
use, administer, liquidate, sell or otherwise deal
with alien property in the interest and for the
benefit of the indigenous inhabitants of the
Trust Territory, in accordance with terms of the
Trusteeship Agreement and existing directives.
Moreover, by virtue of the Vesting Order, the
Area Property Custodian shall immediately un-
dertake the direction, management, supervision
and control of any business enterprises connected
with such property.
(d) Upon receipt of this directive, the Area
Property Custodian shall be empowered to assume
"custody" (as distinguished from "title") of all
property in the Trust Territory owned by Allied
Governments and Allied nationals sequestered by
the enemy and of all other property owned by non-
Japanese persons who are absent from the Trust
Territory, who are making no attempt to assert
possession thereover and who have no agent pres-
ent in the area.
(e) With reference to the property mentioned
in (d) above, the Area Property Custodian shall?
(1) provide protection and security for the
property;
(2) assume full authority for the direction,
management and operation of the property;
(3) utilize the property to the best interests of
the Government of the Trust Territory and of
the indigenous people of the area; and
(4) in the management of such property act in
accordance with the principle of usufruct for the
benefit of the indigenous inhabitants of the Trust
Territory.
ARTICLE IV
DELEGATION OF POWERS
The Area Property Custodian, through his sev-
eral assistants in the Civil Administration Dis-
tricts, is authorized and empowered to take such
action as he deems necessary in the interests of all
persons concerned to direct, manage, supervise and
control all properties which come under the mean-
ing of this directive. IIe shall be empowered to
issue all such orders, rules, regulations or other
instructions as may be requisite for executing and
carrying out the provisions of this directive, sub-
ject to the approval of the Deputy High Commis-
sioner. In accordance with the terms of the
Trusteeship Agreement and consistent with the
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directives promulgated by the Deputy High Com-
missioner and under the supervision of the Area
Property Custodian, heretofore designated, the
District Property Custodians, heretofore desig-
nated for the several districts, shall be responsible
for the administration of alien property in their
respective districts.
ARTICLE V
RECORDS: REPORTING OF PROPERTY BY AREA PROPERTY
CUSTODIAN
The Area Property Custodian shall keep ade-
quate records of all alien property and other prop-
erty coming under his cognizance. All informa-
tion. pertinent to the boundaries, owners, uses, con-
ditions and an accounting of moneys accruing from
these properties shall be reported to the Deputy
High Commissioner of the Trust Territory by the
Area Property Custodian.
CHAPTER 13
Interim Regulation No. 7-48
ECONOMIC CONTROLS
1. It will be the policy of the Trust Territory
government to encourage the indigenous inhabi-
tants to develop the highest possible standard of
living that can be afforded by intelligent and
provident development of the natural resources of
the area. To this end it will encourage their par-
ticipation in all suitable forms of agriculture,
industry, and commerce under a system of free
enterprise.
2. Permission to engage in private business
enterprise will be accorded indigenous and per-
manent- inhabitants in all cases where the public
interest is not jeopardized, and upon the payment
of a license fee in accordance with schedules as set
by the Civil Administrator with the prior ap-
proval of the Deputy High Commissioner. Com-
petition is to be encouraged in all ordinary lawful
types of business enterprise.
3. The Deputy High Commissioner may, upon
the prior approval of the Chief of Naval Opera-
tions, license nonindigenous or nonresident in-
dividuals or companies to engage in economic
activity within the Trust Territory, but only when
the activity to be performed will contribute to the
economic life of the Trust Territory, and when
128
such activity will in no way restrict the opiiortuni-
ties for individual economic advancement of the
indigenous inhabitants.
4. The traditions of the several established
native cultures within the Trust Territory with
respect to methods of performing economic func-
tions will be. respected so far as these are con-
sistent with judicious interpretations of the
Trusteeship Agreement, applicable proclamations,
and Interim Regulations.
5. Any and all price regulations now in effect
are hereby canceled, except on goods originating
from without the Trust Territory. On goods
originating from without the Trust Territory
price controls shall apply only to goods sold at
wholesale and at the time of the first retail sale.
In unusual circumstances, when the publie welfare
demands, the Civic Administrator may tempo-
rarily suspend the application of this section upon
the prior approval of the Deputy High Com-
missioner.
6. Any and all provisions now in effect with
respect to wages, salaries, and other compensation
for personal services performed by indigenous
inhabitants are hereby canceled, except for serv-
ices performed for departments or agencies of the
United States government, the government of the
Trust Territory and its instrumentalities, and
n.onindigenous persons or organizations, in which
cases compensation for personal services shall con-
tinue to be paid at rates established by the Deputy
High Commissioner.
7. Consistent with the remaining sections of
these Interim Regulations, labor will be employed
only on a voluntary basis.
8. Public utility services such as water, 'elec-
tricity and telephone may be provided by either
publicly or privately owned facilities. However,
if such utilities are privately owned and con-
troled they are to be subject to public supervision
to insure that the public interest :is adequately
served and at rates in keeping with the cost of
providing the service, which cost shall include a
reasonable return on capital investment.
9. Free movement of indigenous inhabitants
within the Trust Territory is desirable and is not
to be restricted except by such regulations as may
be necessary to protect the health and well-being
of the inhabitants. Thele shall be no restrictions
placed on emigration from any island to any other
island within the Trust Territory except to insure
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compliance with immigration restrictions, induct-
ing quarantine restrictions, in force at the point
or points to which immigration is sought.
10. Any person serving a lawful sentence of im-
prisonment may be required to work in accordance
with his physical ability upon any public project.
CHAPTER 14
PLANT AND ANIMAL QUARANTINE
REGULATIONS
CON TROLS AND
A. GENERAL
1. Authority. These regulations are promul-
gated by authority of the Deputy High Commis-
sioner of the Trust Territory based on known dis-
tribution of certain insects, pests and diseases.
2. Purpose. The following regulations are pro-
mulgated in order to prevent the introduction of,
and further dissemination of injurious insects,
pests and plant diseases whose control is neces-
sary for the further continuance and improve-
ment of agriculture in the Trust Territory.
3. ,Seope. These regulations shall extend and
apply to all the islands of the Trust Territory.
4. Administered by. These regulations shall
be -administered by the Plant Quarantine Officer
and all those people charged with the enforcement,
of Agricultural Regulations. They shall make all
inspections required by these regulations at the
port of entry or the port of shipment as the case
may be; and shall permit?entry, refuse entry, con-
demn, seize or destroy any plant or animals or
products thereof as authorized in these regula-
tions.
5. Emergency Quarantine Restrictions. Cer-
tain emergency measures, subject to the later
approval of the Deputy High Commissioner of
the Trust Territory may be made at any time by
those charged with the enforcement of these regu-
lations in their commands upon discovery of a
situation not covered by the regulations and war-
ranting such emergency measures.
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will De suDject to seizure ana De either returned
to the point of origin at the shippers' expense or
destroyed whichever is deemed advisable by the
Inspector. Shipments found to be free of injuri-
ous pests and not otherwise restricted by other
regulations will be stamped "Inspected and
Passed" and may then be allowed entry or ship-
ment as the case may be.
(b) Fruit, vegetables, plants or parts thereof
from countries other than the United States or
Territory of Hawaii intended for edible consump-
tion are prohibited entry with the following
exceptions:
Country Enterable Products
Admiralty Is- All prohibited.
lands.
China
B. REGULAT IONS
1. Fruits and Vegetables:
(a) All fruit and vegetables, plants or portions
of plants intended for edible consumption, are-
subject to inspection. All products of this nature
known to be, or suspected of being infested or
infected with injurious pests or diseases will not
be allowed to enter or be transshipped within the
Trust Territory. The shipments so prohibited
074662-51--10
129
Dutch New Gui-
nea.
Japan Bonins,
Volcanos, Ryu-
kyus, Korea).
Netherlands
New Zealand
Philippines
Siam
All loin spp., arrowroot, Bras-
sica oleracea, including
(kala, cow-cabbage, cauli-
flower, broccoli, cabbage,
sprouts, asparagus, Portu-
guese cabbage), cassava,
dasheen, ginger root, horse-
radish, kudzu, Lilium spp.,
turnip, udo, waterchestnut,
watercress, water] ily root
and yam bean root.
Allium app., including (chives,
garlic, leek, onion, cacao
bean pod, durian?
Ailiunl spp., arrowhead, as-
paragus, Brassica oleracea,
burdock, cassava, &sheen,
ginger root, horseraddish,
kudzu, lily bulb, radish,
strawberry, udo, vaccium
spp., waterchestnut, water-
lily .root, yam bean root.
Allium spp., apple.
A ilium spp., apple, apricot,
chayote, grape, melon, pear,
plum.
A ilium spp., wild ginger root,
durian, sarsaparilla root.
Allium spp.
(e) Hawaiian Fruit and Vegetables. All Ha-
waiian grown fruit is prohibited. Hawaiian
grown vegetables may enter if certified or upon
inspection except certain hosts of the Mediter-
ranean Fruit Fly (Ceratitis capitata Wied.), in-
cluding tomato, cucumber, egg plant, litchi nut
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(fresh) , squash, bell pepper and green coffee
berries.
(d) United States Fruit and Vegetables. Prod-
uced of this nature as a part of the official supplies
of the U. S. Army, Navy, or of any other U. S.
agency shipped from the U. S. as supplies, may
enter, unless found to be infected or infested with
insects or diseases that warrant rejection. Prod-
ucts carried in baggage or as stores may upon in-
spection be released if found free of injurious
pests.
(e) Processed Fruit and Vegetables. All proc-
essed fruit and vegetables including dried or
frozen or treated in any way which would preclude
a pest risk may enter without restriction.
(f) Guam fruit and vegetables may not enter
any District of the Trust Territory except the
Saipan District. (Amended by Interim Regula-
tion No, 4-49, 7 June 1949.)
2. Fruit, Saipan District. All fruit from the
District of Saipan is prohibited for shipment into
any other portion of the Trust Territory because
of the Formosan or Mango Fly (Dacus dorsalis
Hendl.).
3. Citrus Fruit. All citrus fruit ( lemons,
limes, oranges, etc.) is prohibited shipment from
the Districts of Palau and Yap into any other
portion of the Trust Territory because of the Cit-
rus Rind Borer (Prays endocarpa Mayr.).
4. Cueurbits. All cucurbits (cucumbers, squash,
melons, pumpkins, etc.) and other hosts of the
Melon Fly (Dacus cueurbitao Coq) including
string bean, cow pea, and tomato are prohibited.
shipment from the District of Saipan to other
portions of the Trust Territory because of the.
above insect.
5. Plant Propagative Material. (a) All.
plants, including cuttings, scions, tubers, seeds,
bulbs, or any portion of a plant intended for prop-
agation will be required to have a speCial permit
before it may be allowed entry or transshipment
into the Trust Territory with the following
exceptions :
(1) Field, vegetable, and flower seed may
be inspected but no permit is required.
(2) Material of a propagative nature
which is in the opinion of the inspector in-
tended for consumption or medicinal uses
may be inspected and passed without a spe-
cial permit.
(3) Plant material originating in the
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United States or Territory of Hawaii prop-
erly certified as a fumigation may enter with-
out a permit unless otherwise restricted.
(b) All persons contemplating importation or
transshipment of propagative material will apply
for a special permit through the Plant Quarantine
Officer of the Trust Territory.
6. Citrus Nursery Stock. All citrus plants or
portions thereof are prohibited from the Districts
of Saipan and Palau into any other portion of the
Trust Territory because of the Citrus Leafmin.er
(Phyllocnistis citrella stain) and citrUs Bark
Borer (Agrilius occipitalis Esch.). Also prohib-
ited are willow, murraya, jasminium, and loran-
thus which are also hosts of the Citrus Leafminer.
7. Breadfruit Nursery Stock. All Breadfruit
plants or portions thereof (except fruit) are pro-
hibited shipment from the Districts of Palau and
Yap into any other portions of the Trust Terri-
tory because of the Weevil (Aclees porosus
Pascoe).
8. Coconuts, Coconut Plants. All coconuts,
coconut plants, and the fronds are prphibited
shipment from all portions of the Trust Terri-
tory into the sub-area of the Marshalls (Districts
of Kwajalein and Majuro) because of certain in-
jurious beetles of the genus Brontispa. This does
not prohibit the movement of husked nuts or
copra.
9. Soil. All soil including the soil alout the
roots of plants is prohibited shipment or being
transported because of the danger of carrying cer-
tain injurious soil-inhabiting pests including the
Banana Beetle (Holotrichia mindanaoana Bren) ,
the Root Grub (Anomala sulcatual Bum.), the
Coconut Beetle (Oryctes rhinoceros (L)) 1,11d also
the eggs of the Giant African Snail (Achatina
fulica Fey.). Soil that is sterlized or clean ocean
sand is excepted.
10. Packing Material. The use of 'Icoconut
fronds, raw cotton, forest litter, sugarcane ba-
gasse, may not be used as packing material within
the Trust Territory nor may it enter frOm for-
eign countries. Intra-District use of certa,41 plant
products including coconut fronds as packing, is
permitted.
11. Flowers. All cut flowers are subje4 to in-
spection. If they are known to be, or are sus-
pected of being, infested or infected with iUjurious
pests or diseases, they will not be allowed to enter
or be transshipped within the Trust Territory.
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Orchids of the genus Vanda will be permitted en-
try only if certified as having been treated as rec-
ommended by the Bureau of Entomology and
Plant Quarantine of the U. S. Department of Ag-
riculture. (Amended by Interim Regulation
No. 4-49, 7 June 1949.)
C. IMPORTATION OF LIVESTOCK REA-ILLATIONS
1. In order to prevent the introduction of con-
tagious, infectious or communicable animal dis-
eases the importation. of livestock is prohibited
into the Trust Territory except by special permit.
2. Any person contemplating the importation
of any animal must first file an application for
special permit with the Quarantine Officer of the
Trust Territory.
3. All animals being so imported under permit
shall be inspected and certified as to their freedom
from any diseases or parasites prior to shipment
into the Trust Territory. Upon arriving at the
port of entry they are subject to inspection by the
Quarantine Officer and if found to be free of dis-
ease shall be admitted or subject to such quaran-
tine restrictions as considered necessary.
4. Whenever an animal upon inspection is found
to be affected with a contagious disease or has been
exposed to such a disease he may be placed in
quarantine or such steps taken as the gravity of
the situation warrants.
5. Cargo, gear or other material that has been
exposed to an infected "animal shall be subject
to such treatment as is deemed advisable by the
inspector.
6. Shipment of animals within the Trust Terri-
tory is unrestricted except that the shipment of
any diseased animal shall be considered a violation
of this regulation and will be subject to such
penalties as the law provides.
D. DIRECTIVES PERTAINING TO AIR AND SURFACE
TRANSPORTATION
1. In order to minimize the hazards of intro-
ducing or disseminating insects of agricultural or
medical importance, all aircraft shall be sprayed
in accordance with Public Health Regulations
prescribed by the Surgeon General of the Public
Health Service which says in part, "planes shall
be disinsectized in all compartments not later than
thirty minutes before landing * * * if the
quarantine officer, after inspection, determines that
the aircraft has not been adequately disinsectized,
the aircraft shall be tightly closed and disinsect-
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ized completely betore the co senarge or passengers,
crew, mail, baggage, cargo, or other material. No
person other than quarantine officials shall be al-
lowed to board until disinsectization is complete."
2. A copy of the cargo manifest shall be sub-
mitted by the cargo officer or the commanding
officer of the ship or plane on demand to the Plant
Quarantine Officer or his representatives.
3. Notification of arrival of ships and aircraft
shall be given upon request to the Plant Quaran-
tine Officer.
4. All through cargo shall be safeguarded in
a manner to preclude any escape of dangerous
insects or the dissemination of any dangerous dis-
eases.
5. All cargo transported in violation of these
regulations or directives as stated will be im-
pounded.
E. CHANGES
In the light of new evidence, the Deputy High
Commissioner of the Trust Territory may rescind
such regulations as may be in effect or conversely
promulgate new regulations in accordance with
changing requirements.
F. PENALTIES
Any person violating any of the regulations,
directives, and rules so set forth shall be guilty
of a misdemeanor and upon conviction shall be
punished by a fine of not to exceed $500.00 or three
months in jail, unless otherwise provided by law
or regulation.
131
Interim Regulation No. 5-48
AMENDED CRIMINAL CODE
(See Interim Regulation No. 4-48, Chapter 10)
Interim Regulation No. 6-48
ADMINISTRATIVE JURISDICTION
(See Interim Regulation No. 4-48, Chapter 3,
Paragraph B)
ALIEN PROPERTY
(See Interim Regulation No. 4-48, Chapter 12)
Interim Regulation No. 7-48
FINANCE AND TAXATION
(See Interim Regulation No. 4-48, Chapter 9)
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ECONOMIC CONTROLS
(See Interim Regulation No. 4-18, Chapter 13)
Interim Regulation No. 8-48
EXPORT CONTROLS
ARTICLE I
EXPORTS RESTRICTED
1. No commodity which has been or may here-
after be imported into the Trust Territory of the
Pacific Islands from the United States or its
Territories or possessions, shall belransshipped or
exported from the Trust Territory of the Pacific
Islands to any place other than the United States,
its territories or possessions, except as provided
herein .
ARTICLE II
LICENSES
1. The exportation of any commodity described
in Article I to a country for which no export
license would be required if the exportation were
from the United States or its territories or pos-
sessions, may be made in accordance with written
permit granted by the Deputy High Commis-
sioner, or on his behalf by such official or officials
as he may designate.
2. The exportation of any commodity described
in Article I to the Bonin Islands so long as they
are occupied by or under the jurisdiction of the
United States, may be made in accordance with
written permit granted by the Deputy High Com-
missioner, or on his behalf by such official or
officials as he may designate.
. 3. Exportation of any commodity described in
Article I other than as authorized in Sections 1
and 2 of this article, may be made only with the
written consent of the Office of International Trade
of the United States Department of Commerce,
or in accordance with an export license duly is-
sued under the export control laws and regulations
of the United States.
ARTICLE III
PENALTIES
1. Any person violating this regulation shall,
upon conviction thereof be imprisoned for a
period not exceeding two (2) years, or fined not
more than two thousand dollars ($2,000.00), or
both.
CIA-RDP58-00453R000100300013-8
Interim Regulation No. 1-49
CIVIL ADMINISTRATION COURTS
(See Interim Regulation No. 4-48, Chapter 11)
Interim Regulation No. 2-49
RECORDING OF TRANSFERS OF LAND,
ARTicLE I
132
CLERK OF Comas TO RECORD DOCUMENTS CONCERNING
REAL ESTATE
SECTION 1. The Clerk of Courts in each Dis-
trict, upon payment of such fees, if any, as the
Deputy High Commissioner of the Trust Territory
of the Pacific Islands may fix, shall make and keep
in a permanent record, a copy of all documents
submitted to him for recording which relate to
title to real estate in his District and comply with
regulations issued by the District Court for that
District, and. any law applicable thereto. He shall
also keep an index or indexes of such records in
such manner as the District Court may direct,.
SEcnoN 2. No transfer of or encumbrance upon
title to real estate or any interest therein, other
than a lease for a term not exceeding 1 year, shall
be valid against any subsequent purchaser or
mortgagee of the same real estate or interest, or
any part thereof, in good faith for a valuable con-
sideration without .notice of such transfer or en-
cumbrance, or against any person claimi.,ig under
them, if the transfer to the subsequent Purchaser
or mortgagee is first duly recorded. or shall
ally transfer of or encumbrance upon title to real
estate or any interest therein, other than a lease for
a term not exceeding 1 year, be valid as. against
any judgment affecting the title unless surh trans-
fer or encumbrance is duly recorded prior to the
record of the notice of action in which the judg-
ment is rendered.
Interim Regulation No. 3-49
CONSERVATION OF FISH AND SHELLFISH
ARTICLE I
USE OF EXPLOSIVES AND POISONS PROHIBITED
Fishing with dynamite, hand grenades, or any
other form of explosive, or any form of poison, is
prohibited, except for scientific purposes when
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specifically authorized by the Deputy High Coln- Interim Regulation No. 4-49
missioner. The stupefying of fish by the use of
local roots, nuts, or plants, however, is permitted.
ARTICLE II
LIMITATIONS ON TAKING OF TURTLES
No hawk's-bill turtles or sea turtles shall be
taken or intentionally killed while on shore, nor
shall their eggs be taken. No hawk's-bill turtles
or sea turtles shall be taken or intentionally killed
in the water, except those whose shells are twenty-
f our (24) inches or more in length. No hawk's-
bill turtles of any size shall be taken or inten-
tionally killed from 1 June to 31 August inclusive
nor from 1 December to 31 January inclusive.
ARTICLE III
TROCIIUS SEASON
Interim Regulation No. 2-48 is hereby amended
by striking out Article II thereof and substituting
the following:
Each Civil Administrator may designate by District
Order and vary from year to year an open season or sea-
sons during May and June for the harvesting of trochus
in his district, provided that such open season or seasons
shall not total more than fourteen (14) days in any year.
During such an open season, any permanent resident of
the Trust Territory may dive for and harvest trochus, in
the district to which the season applies within those areas
in which he has the right to fish under established local
custom, provided that no trochus shall be taken whose
shell is less than three (3) inches in diameter at the base.
ARTICLE IV ,
CONTROL OF SPONGES
No sponges artificially planted or cultivated
shall be taken or molested, except by permission of
the Deputy High. Commissioner.
ARTICLE V
CONTROL OF PEARL OYSTER SHELLS
No living pearl oyster shells shall be taken or
molested from 1 August to 31 December inclusive.
No such shell shall he taken at any time, which is
less than six (6) inches in minimum diameter.
ARTICLE VI
PENALTIES
Any person violating this regulation shall, upon
conviction thereof, be imprisoned for a period not
exceeding six (6) months or fined not more than.
one hundred dollars ($100) or both.
133
ADMINISTRATIVE JURISDICTION
(See Interim Regulation No. 4-48, Chapter 3,
Paragraph D)
PLANT AND ANIMAL QUARANTINE
CONTROLS AND REGULATIONS
(See Interim Regulation No. 4-48, Chapter 14,
Paragraphs B1 (f) and B11)
Interim Regulation No. 1-50
NOTARIES PUBLIC
Section Title
1. Appointment; Tenure.
2. Qualifications; Oath.
3. Seal.
4. Filing Copy of Commission; Authentication of Acts.
5. Official Bond and Designation of Person To Accept
Service.
6, Liabilities on Official Bond.
7. Acts Prohibited; Penalty.
8. Rules.
9. Fees; Clerk of Courts.
10. Powers and Duties.
11. Record; Copies as Evidence.
12. Disposition of Records; Penalty.
13. Fees.
SECTION 1. Appointment; Tenure. The High
Commissioner may in his discretion appoint and
commission such numbers of Notaries Public for
the Trust Territory as he shall deem necessary
for the public good and convenience. The term
of office of a Notary Public shall he 2 years from
the date of his commission, unless sooner removed
by the High Commissioner on recommendation of
the Attorney General made on findings of cause
after due hearing; Provided further, That after
due hearing the commission of a Notary Public
may be revoked by the High Commissioner in
any ca,s6 where any change shall occur in such
Notary's office, occupation or employment which
in his judgment renders the holding of such com-
mission no longer necessary for the public good
and convenience. Each Notary shall, upon any
change in his office, occupation or employment,
forthwith report the same to the Attorney General.
SECTION 2. Qualigeations; Oath. Every per-
son appointed a Notary Public must, at the time
of his appointment, be of good character; at least
twenty-five years of age; and a permanent resident
of the Trust Territory, who has resided in it for
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at least three years, or a United States citizen,
resident in the Trust Territory and employed by
the United States Government or by a contractor
engaged in work for the United States Government
in the Trust Territory. Every person appointed
a Notary Public shall, before acting in this ca-
pacity, take and subscribe an oath for the faithful
discharge of his duties, which oath may be taken
before a Governor, Civil Administrator, Clerk of
Courts or, when specifically authorized in writing
by a Governor, a Civil Administration Represent-
ative. This oath shall be executed in duplicate.
The original shall be filed in the office of the At-
torney General and the duplicate original filed in
the office of the Clerk of Courts for the district or
districts in which acting.
SECTION 3. Seal. Every Notary Public shall con-
stantly keep a seal of office, which may be a rubber
stamp or impression seal, whereon shall be en-
graved his name, and the words "Notary Public"
and "Trust Territory of the Pacific Islands." He
shall authenticate all of his official acts, attesta-
tions, certificates and instruments therewith.
Upon resignation, death, expiration of term of of-
fice without reappointment, removal from or aban-
donment of office, or change in residence from the
Trust Territory, he shall immediately deliver his
seal to the Attorney General, who shall deface or
destroy the same. By a neglect of 60 days to
comply with the above requisition, the Notary
Public? his executor or administrator, shall forfeit
to the Territory not more than $200, in the discre-
tion of the court, to be recovered in an action to be
brought by the Attorney General on behalf of the
Territory.
SEcTroN 4. Filing Copy of Commission; Authen-
tication of Acts. It shall be the duty of each per-
son appointed and commissioned a Notary Public
under the provisions of this interim regulation
to forthwith file a literal or photostatic copy of
his commission, an impression of his seal and a
specimen of his official signature with the Clerk
of Courts of each district for and in which he
desires to act. Thereafter, such Clerk, when
thereunto requested, shall certify to the official
character and acts of any such Notary Public
whose commission, impression of seal and speci-
men of official signature is so filed in his office.
SECTION 5. Oficial Bond and Designation of
Person To Accept Service. Each Notary Public
forthwith and before entering upon the duties of
131
his office may, at the discretion of the High Com-
missioner, be required to execute, at his own ex-
pense, an official surety bond in a sum not exceeding
one thousand dollars. The obligee of each bond
shall be the Trust Territory of the Pacific Islands
and the condition contained therein shall be that
the Notary Public will well, truly and faithf ally
perform all the duties of his office which are then
and may thereafter be required, prescribed or de-
fined by law or by any rule or regulation made
under the express or implied authority of any law
of the Trust Territory, and all duties and acts
undertaken, assumed or performed by the Notary
Public by virtue or color of his office. The surety
on any such bond shall be a surety company ap-
proved by the High Commissioner. The Notary
Public by accepting his commission and the surety
company by issuing the bond thereby agree to the
appointment of and do thereby appoint the Civil
Administrator of any district in which the Notary
Public performs any official act as his or their agent
to accept service of process on his or their behalf
for any purpose. After approval, the bond shall
be deposited and kept in the office of the Attorney
General, who will certify to the Clerk of Courts
in the district in which the Notary Public is com-
missioned that the bond has been accepted and
filed in proper form.
SECTION 6.. Liabilities on Official Bond, For the
official misconduct or neglect of a Notary Public
or breach of any of the conditions of his official
bond, he and, the surety on his official bond shall be
liable to the party injured thereby for all the
damages sustained. Such party shall have a right
of action in his own name upon such bond and
may prosecute the same to final judgMent and
execution.
SECTION 7, Acts Prohibited; Penalty. No per-
,
son shall be qualified to act as a Notary Public or
shall enter upon any of the duties of such office or
offer or assume to perform any such duties until
he shall have fully complied with each Of the re-
quirements in each of the foregoing se'Ctions of
this regulation. Any person wilfully Violating
any of the provisions of this section shall be guilty
of a misdemeanor and, upon conviction," shall be
punished by a fine of not more than $540, or by
imprisonment for not more than 1 year, or both.
Nothing in this section contained shall be con-
strued to restrict or to do away with any, liability
for civil damages.
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SECTION 8. Rules. The Attorney General, with
the approval of the High Commissioner, shall have
power to prescribe such rules and regulations as
he may deem advisable concerning the administra-
tion of this regulation, the appointment and duties
of Notaries Public and the duties of other officers
thereunder. Such rules and regulations shall have
the force and effect of law.
SECTION 9. Fees; Clerk of Courts. The Clerk
of each district shall charge and receive the fol-
lowing fees:
For filing a copy of a commission, Si.
For each certificate of authentication, 25 cents.
SECTION 10. Powers and Duties. A Notary Pub-
lic has the power and is authorized to administer
oaths and affirmations, receive proof and acknowl-
edgment of writings, and present and protest com-
mercial paper. A Notary Public may act officially
anywhere in the Trust Territory but shall before
so acting in any district comply with the provi-
sions of Section 4.
SEcTioN 11. Record; Copies as Evidence. Every
Notary Public shall record at length in a book
of records all acts, protests, depositions, and other
things by him noted or done in his official capacity.
All copies or certificates by him granted shall be
under his hand and notarial seal, and shall be re-
ceived as evidence of such transactions.
SEcTioN 12. Disposition of Records; Penalty.
The records of each Notary Public shall each year
on June 30th, beginning with June 30, 1951, and
upon the resignation, death, expiration of term of
office, removal from or abandonment of office, or
change of residence from the Trust Territory be
deposited with the Clerk of Courts for the Truk
District. By a neglect of 60 days to comply with
the above requisition, the Notary, his executor or
administrator, shall forfeit to the Territory not
less than $10 nor more than $100, in the discretion
of the court, in an action brought therefor by the
Attorney General on behalf of the Territory.
SECTION 13. Fees. Every Notary Public shall
be entitled to demand and receive the following
fees:
For noting the protest of mercantile paper, $1.
For each notice and certified copy of protest,
$1.
For noting any other protest, $2.
For every notice thereof, and certified copy of
protest, $2.
CIA-RDP58-00453R000100300,01.3-8 . .
Icor every deposition or official certificate $2.
Administration of oath, including the certifi-
cate of such oath, 25 cents.
For affixing the certificate of such oath to
every duplicate original instrument beyond
four, 15 cents.
For taking any acknowledgment, 50 cents for
each party signing.
For affixing to every duplicate original be-
yond clne of any instrument acknowledged
before him, his certificate of such acknowl-
edgment, 25 cents for each person making
such .acknowledgment.
135
IMMO Or COM MISSIOIV AS NOTARY PUBLIC (Approved 5/5/50)
No.
TRUST TERRITORY OF THE PACIFIC ISLANDS
OFFICE Or THE HIGII COMMISSIONER
Be it known, That I have constituted and appointed
and by virtue of the authority in me vested, I do hereby
constitute and appoint to be a
Notary Public for the Trust Terri-
tory of the Pacific Islands, and to authorize and empower
h______ to execute and fulfill the duties of that office
according to law, and to have and to hold the said office,
with all the rights and privileges thereunto legally apper-
taining, unto h the said for a
term of 2 years from the date hereof, subject to removal
as by law prescribed.
In witness whereof, I have hereunto set my hand and
affixed the seal of my -office this day of
, 195__
High Commissioner of the Trust Territory of the
Pacific Islands.
[sEAL-1
Approved as to form:
FOR Ok OF OATII FOR NOTARY PUBLIC (Approved 5/5/50)
OATH FOR NOTARY PUBLIC
being duly sworn, deposes
.and says that he will faithfully discharge his duties as
Notary Public in accordance with the laws and regula-
tions of the Trust Territory and to the best of his ability.
Sworn to and subscribed before me this
day of 195__.
Governor, Civi/ Administrator, Clerk of Courts
or Civil Administration Representative.
Approved as to form:
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FORM OF APPLICATION FOR COMMISSION AS NOTARY PUBLIC
(Approved 5/5/50)
GOVERNMENT OF THE TRUST TERRITORY OF TILE PACIFIC
ISLANDS
APPLICATION FOR NOTARY PUBLIC COMMISSION
FOR THE TRUST TERRITORY OF THE PACIFIC
ISLANDS
hereby
apply to the High Commissioner of the Trust Territory of
the Pacific Islands to be appointed and commissioned
a Notary Public for the Trust Territory . of the Pacific
Islands, and, in support of my application, I state and say:
1. Name Residence
(Give name in full) (District
2. Occupation Address
3. Employer Address
(Name) (Business address)
4. Employer's Business
(Describe fully)
5. Date of Birth Place of Birth
(Month Day Year) (Town District State)
6. Age
7. Length of Residence in Trust Territory
(District)
(Give dates andl
places)
8. Education
9. State the reasons and necessity for your appointment
as a Notary Public
10.
Other information:
(a)
Are you a citizen of the United States?
; by birth? ; by naturali-
zation?
(b) Are you a permanent resident of the Trust
Territory? ; Have you been a resi-
dent of the Trust Territory for three years
immediately preceding the date of this ap-
plication?
(c) Are you under guardianship? ; Is
your estate under guardianship?
Are you restrained in any way from dealing
with any of your property? _
(d) Have you ever been adjudged insane or
been a patient in an asylum?
When?
(e) Are you blind? ; Have you sufficient
vision to read typewritten matter?
Are you deaf? ; Are you unable to
speak?
(f) Have you ever been convicted of any criminal of-
fense punishable by imprisonment for a term
exceeding one year? ; Where?
;
When; ; For what
crime? ; Were you sentenced and
imprisoned? ; Where?
When? ; Have you been par-
doned? ; By whom?
When?
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(g) Have you ever been convicted of perjury? ______
; When? ; Where?
Have you ever been convicted of subornation
of perjury? ; When?
Where?
(h) Can you understandingly read, speak and write
the English language? ; Any other
languages?
(i) Have you been heretofore appointed .arid com-
missioned a Notary Public?
When? ; Where? ; By
whom? ; Did you resign? !
When? ; Were you removed from
office?
(j) Are you licensed to practice ; In
what Court? ; Where?
Have you ever been disbarred by any
Court? ; When?
Where?
(k) If an employee, is any other employee
employer a Notary Public?
Who?
(1) If an employer, are any of your partner, officers,
or employees a Notary Public?
Who?
(m) Is any person in the same business establish-
ment a Notary Public?
Who?
(n) Does any Notary Public have an office or place
of business in the same building?
Who?
(o) Do you hold any public office under the United
States, the Trust Territory or any District or
Municipality in the Trust Territory?
136
of your
What?
(p) Are you an employee of the United
States? ; What position?
( q ) Are you an employee of the
Territory? ; What position? !.
(r) Are you an employee of any District or Munici-
pality? ; What Department?_____.:
Dated at_ , Trust Territory,
day of
Trust
-;
,
ApPlicant.
TRUST TEIUtITORF OF THE PACIFIC ISLANDS
District} 88
, being first duly sworn, on
oath deposes and says: That ____he is the applicant
named in the foregoing application for a Notary Public
Commission; that ____he signed the said application;
that ____he has read the said application and knows the
contents thereof and that all the matters and things
therein stated and all the answers given to the questions
therein set forth are true of h____ own knowledge.
I ,
Applicant.
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Subscribed and sworn to before me this day
of , 19_
(DO NOT USE THESE SPACES)
Action taken:
Remarks:
NOTE: This application must be accompanied by two
letters of recommendation.
Interim Regulation No. 2-50
CRIMINAL OFFENSES COMMITTED OUTSIDE
THE TRUST TERRITORY
Section Title
1. Extraterritorial Jurisdiction of Courts.
2. Effect of Previous Trial.
3. Place of Trial.
4. Application of Trust Territory Law.
5. Application of Other Law.
6. Definitions.
SECTION 1. Extraterritorial Jurisdiction of
Courts. The jurisdiction of the courts of the Trust
Territory of the Pacific Islands shall extend to
all criminal offenses committed outside the terri-
torial limits of the Trust Territory of the Pacific
Islands by:
a. Any person on board a Trust Territory ves-
sel in any navigable waters; and
b. Any permanent resident of the Trust Terri-
tory of the Pacific Islands anywhere.
SECTION 2. Effect of Previous Trial. No person
shall be tried by a court of the Trust Territory of
the Pacific Islands for an offense committed out-
side the territorial limits of the Trust Territory
of the Pacific Islands who has already been law-
fully tried on the merits for substantially the same.
offense by a court of another jurisdiction.
SECTION 3. Place of Trial. Trial for offenses
committed outside the territorial limits of the
Trust Territory of the Pacific Islands may be held
in any court of the Trust Territory of the Pacific
Islands competent to try the offender for the
offense charged within which court's territorial
jurisdiction the offender is found or into which
he is first brought or in which he resides.
SECTION 4. Application of Trust Territory Law.
The criminal laws of the Trust Territory of the
Pacific Islands shall, except where a contrary in-
tent is clearly indicated in the law, apply outside
the territorial limits of the Trust Territory of the
Pacific Islands to:
a. All persons on board a Trust Territory ves-
sel in any navigable waters; and
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b. All permanent residents of the Trust Terri-
tory anywhere.
SECTION 5. Application of Other Law. The
criminal law of any other jurisdiction which is
applicable under international law may also be
enforced by courts of the Trust Territory of the
Pacific Islands in trial of offenses committed out-
side the territorial limits of the Trust Territory of
the Pacific Islands, whenever, in the opinion of the
court, justice and comity will be aided thereby.
SliorfoN 6. Definition. The term "Trust Terri-
tory vessel" used herein means a vessel belonging
in whole or in part to the Government of the
Trust Territory of the Pacific Islands, or to the
Island Trading Company of Micronesia, or to any
permanent resident of the Trust Territory, or to
any association, partnership, company, or other
entity organized under the laws of the T'rust Ter-
ritory of the Pacific Islands, or to any corporation
created by the High Commissioner of the Trust
Territory of the Pacific Islands or by any subordi-
nate of his or by any successor in responsibility.
137
Interim Regulation No. 3-50
STAFF OF THE HIGH COMMISSIONER
(See Interim Regulation No. 4-48, Chapter 2, and
footnote, p. 102)
Interim Regulation No. 1-51
DIVORCE, ANNULMENT, AND ADOPTION
Section Title
1. Scope of This Regulation.
2. Grounds for Divorce.
3. Forgiveness as a Defense to Divorce Action.
4. Procurement or Connivance as a Defense to Divorce
Action.
5. Annulments.
6. Legitimacy of Issue of Annulled Marriage.
7. Adoption.
8. Persons To Be Notified or Consent Obtained for
Adoption.
9. Residence Requirements for Divorce.
10. Residence Requirements for Annulment.
11. Competency of Community and Justice Courts in Di-
vorce and Annulment.
12. Competency of Community and Justice Courts in
Adoption.
13. Concurrent Jurisdiction of District Court.
14. Complaints for Divorce, Annulment, or Adoption.
15. Proof Required for Divorce or Annulment.
16. Best Interests of Child To Control Adoption; Appear-
ance of Child.
17. Appeal and Review.
18. Custody, Support, and Alimony.
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Sect-ion Title
19. Effect of Decree of Divorce or Annulment.
20. Effect of Decree of Adoption.
21. Confirmation of Divorce, Annulment, or Adoption Ef-
fected in Accordance with Recognized Custom.
SECTION 1. Scope of this Regulation. This
regulation provides for divorces, annulments, and
adoptions, in addition to any authorized by recog-
nized custom in any part of the Trust Territory.
Nothing herein contained, except the provisions
of Section 21, shall apply to any divorce, annul-
ment, or adoption effected in accordance with
recognized custom, nor shall this regulation im-
pose any restrictions or limitations upon the
granting of divorces, annulments, or adoptions in
accordance with recognized custom.
SECTION 2. Grounds for Divorce. Divorces
from marriage may be granted under this regula-
tion for the following causes and no other:
. Adultery.
b. When either party is guilty toward the other
of such cruel treatment, neglect, or personal in-
dignities, whether or not amounting to physical
cruelty, as to render the life of the other burden-
some and intolerable and their further living
together unsupportable.
c. Willful desertion continued for a period of
not less than 1 year.
d. Habitual intemperance in the use of -intoxi-
cating liquor or drugs continued for a period of
not less than 1 year.
e. When either party is sentenced to imprison-
ment for life or for 3 years or more; and after
divorce for such cause, no pardon granted to the
party so sentenced shall affect such divorce.
f. For insanity of either party where the same
has existed for 3 years or more.
g. When either party has contracted leprosy.'
h. When the parties have lived apart for two
consecutive years without cohabitation, whether
or not by mutual consent.
i. Willful neglect by the husband to provide
suitable maintenance for his wife when able to
-do so, when failure to do so is because of his idle-
ness, profligacy, or dissipation.
SECTION 3. Forgiveness as a Defense to Divorce
Action. No divorce shall be granted where the
ground for the divorce has been forgiven by the
injured party. Such forgiveness may be shown
by express proof or by the voluntary cohabitation
-of the parties with knowledge of the fact and res-
toration of the forgiving party to all marital
Tights. Such forgiveness implies a condition that
138
the forgiving party must be treated with' conjugal
kindness. This forgiveness is revokel and the
original ground for divorce is revived if the party
forgiven commits an act constituting a like or
other ground for divorce or is guilty of conjugal
unkindness sufficiently habitual and gross to show
that the conditions of forgiveness had not been
accepted in good faith or had not been fulfilled.
SECTION 4,. Procurement or Connivance as a De-
fense to Divorce Action. No divorce for the cause
of adultery shall be granted where the offense has
been committed by the procurement of with the
connivance of the plaintiff.
SECTION 5. Annulments. A decree annulling a
marriage may be rendered hereunder on any
ground existing at the time of the marriage which
makes the marriage illegal and void or voidable.
A court may, however, refuse to annul a marriage
which has been ratified and confirmed by Voluntary
cohabitation after the obstacle to the validity of
the marriage has ceased, unless the public interest
requires that the marriage be annulled.
SECTION 6. Legitimacy of Issue of 4nnulled
Marriage. Upon the annulment hereunder of a
marriage, the issue of the marriage shall be
legitimate.
SECTION 7. Adoption. Any suitable person
who is not married, or is married to the father or
mother of a minor child, or a husband and wife
jointly may by decree of court hereunder adopt a
minor child, not theirs by birth, and the decree
may provide for change of the name of the child.
If the child is adopted by a person married to the
father or mother of the child, the same rights and
duties which previously existed between Such nat-
ural parent and child shall be and remain the
same, subject, however, to the rights acquired by
and the duties imposed upon the adoptive parent
by reason of the adoption.
SECTION 8. Persons to be Notified or 'consents
Obtained for Adoption. No adoption shall be
granted without either the written consent of, or
notice to, each of the known living legal parents
who is not insane or has not abandoned the child
for a period of 6 months, nor shall any adOtption of
a child of over the age of 12 years be granted with-
out the consent of the cldld.
SEcTioN 9. Residence Requirements for Divorce.
No divorce shall be granted hereunder unless one
of the parties shall have been a permanent resi-
dent of the Trust Territory for 2 years next pre-
ceding the filing of the complaint.
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SECTION 10. Residence Requirements for Annul-
ment. No annulment shall be granted hereunder
unless one of the parties shall have been a perma-
nent resident of the Trust Territory -for 3 months
next preceding the filing of the complaint.
SECTION 11. Competency of Community and
Justice Courts in Divorce and Annulment. A di-
or annulment authorized by this regulation
may be granted by any Community Court within
whose territorial jurisdiction either of the parties
has been a permanent resident for 3 months next
prior to the filing of the complaint, provided both
parties are indigenous inhabitants of the Trust
Territory. If either of the parties is not an in-
digenous inhabitant of the Trust Territory, a
divorce or annulment authorized hereunder may
be granted by any Justice Court within whose
territorial jurisdiction either of the parties has
been a permanent resident for 3 months next
prior to the filing of the complaint.
SECTION 12. Competency of Comml,mity and
Justice Courts in Adoption. An adoption author-
ized hereunder may be granted by any Community
Court within whose territorial jurisdiction the
person or persons requesting the adoption are per-
manent residents or within whose territorial
jurisdiction the child resides, provided all parties,
including the known natural legal parents of the
child, are indigenous inhabitants of the Trust
Territory. If any of the parties is not an in-
digenous inhabitant of the Trust Territory, an
adoption authorized hereunder may be granted
by any Justice Court within whose territorial
jurisdiction the person or persons requesting the
adoption are permanent residents, or within whose
territorial jurisdiction the child resides.
SECTION 13. Concurrent Jurisdiction of District
Court. The District Court shall have concurrent
jurisdiction to grant any divorce, annulment, or
adoption authorized hereunder and may, for cause
shown, order any complaint for divorce, annul-
ment, or adoption pending before a Community
Court or a Justice Court transferred to the Dis-
trict Court for disposition. Complaint for di-
vorce, annulment, or adoption in the District
Court may be filed in any administrative district
within which the matter might have been handled
hereunder by a Community Court or a Justice
Con rt.
SECTION 14. Complaints for Divorce, Annul-
ment, or Adoption. All proceedings for divorce,
vorce
139
annulment, or adoption hereunder shall be com-
menced by complaint signed and sworn to by the
plaintiff or plaintiffs personally, except that a
Community Court may accept an oral complaint
under oath if it deems best. The complaint shall
set forth sufficient facts as to the residence of the
parties to show jurisdiction hereunder. A com-
plaint for divorce or annulment shall, so far as
practicable, include the date and place of marriage
of the parties, the cause for the divorce or annul-
ment, and the approximate date and place or dates
and places where it occurred if the cause consists
of an individual act or acts, otherwise sufficient
details as to the cause to identify with reasonable
certainty the facts relied upon, and a statement as
to any prior application which is known to have
been made by either party for divorce or annul-
ment of the marriage in question or for separation
under it, in this or any other jurisdiction, and the
result of such application, if known.
SECTION Th. Proof Required for Divorce or An-
nulment. No divorce or annulment shall be
granted hereunder on default without proof, nor
shall any admission contained in any pleading
filed by the defendant be taken as proof of the
facts charged, but all essential facts shall, in all
cases be proven by legally competent evidence in
open court.
SECTION 16. Best Interest of Child To Control
Adoption; Appearance of Child. No adoption
shall be granted hereunder without the child pro-
posed for adoption appearing before the court and
the adoption shall be granted only if the court is
satisfied that the interests of the child will be
promoted by the adoption.
SEcTioN 17. Appeal and Review. All decrees
for divorce, annulment, or adoption hereunder
shall be subject to appeal, and in the case of Com-
munity Courts and Justice Courts, to review, as
in other civil cases, and no such decree shall
become absolute or affect the legal status of the
parties until the case has been reviewed, if sub-
ject to review by the District Court, and until the
period for appeal has expired without any claim
of appeal having been filed or until any appeal
taken shall have been finally disposed of. Except
as otherwise expressly provided by this regula-
tion? divorce, annulment, and adoption proceed-
ings shall be governed by the provisions of law
and rules of civil procedure applicable to civil
actions.
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SECTION 18. Custody, Support, and Alimony.
In granting or denying a divorce or an annulment,
the court may make such orders for custody of
minor children for their support, for support of
either party, and for the disposition of either or
both parties' interest in any property in which
both have interests, as it deems justice and the
best interests of all concerned may require. While
an action for divorce or annulment is pending, the
court may make temporary orders covering any
of these matters pending final decree. Any decree
as to custody or support of minor children or of
the parties shall be subject to revision by the court
at any time upon, motion of either party and such
notice, if any, as the court deems justice requires.
SEcTioN 19. Effect of Decree of Divorce or An-
nulment. The effect of a decree of divorce or an-
nulment when it has become absolute hereunder
shall be to restore the parties to the state of un-
married persons so far as the marriage in question
is concerned.
SEcTioN 20. Effect of Decree of Adoption.
After a decree of adoption has become absolute
hereunder the child adopted and the adopting
parent or parents shall hold towards each other
the legal relation of parent and child and have all
the rights and be subject to all the duties of that
relation. The natural legal parents of the
adopted child are, from the time of adoption, re-
lieved of all parental duties towards, and all re-
sponsibility for the child so adopted, and have no
right over it. A child adopted hereunder shall
have the same rights of inheritance as a person
adopted in accordance with recognized custom at
the place where the land is situated in the case of
real estate, and at the place where the decedent
was a permanent resident at the time of his death
in the case of personal property. Where there is
no recognized custom as to rights of inheritance of
adopted children, a child adopted hereunder shall
inherit from his adoptive parent or parents the
same as if he were the natural child of the adopt-
ing parent or parents, and he shall also inherit
from his natural parents and kindred the same as
if no adoption had taken place.
SEurtow 21. Confrmation, of Divorce, Annul-
ment, or Adoption Effected in Accordance with,
Recognized Custom. When a divorce, annulment,
or adoption has been effected in the Trust Terri-
tory in accordance with recognized custom and the
validity thereof is questioned or disputed by any
one in such a manner as to cause serious embar-
rassment to or affect the property rights of any of
the parties or their children, any party thereto or
any of his or her children may bring a complaint
in the District Court for a decree confirming the
divorce, annulment, or adoption effected in qccord-
[MCC with recognized custom. Such a complaint
shall be signed and sworn to by the plaintiff or
plaintiffs personally and shall be filed in the ad-
ministrative district where the divorce, annul-
ment, or adoption was effected. If, after notice
to all parties still living, and hearing, die court
is satisfied that the divorce, annulment, or adop-
tion alleged is valid in accordance with recOgnized
custom in the part of the Trust Territory where it
was effected, the District Court shall enter a decree
confirming the divorce, annulment, or adoption
and may include in this decree the date it Ands the
divorce, annulment, or adoption was effective un-
der recognized custom. Such a decree shall not
become absolute until the period for appearing has
expired without any claim of appeal having been
filed or until any appeal taken shall have been
finally disposed of.
140
Interim Regulation No. 2-51
CRIMINAL PROCEDURES
Chapter I.?DEFINITIONS AND POWERS
Section Titles
1. Definitions.
2.. Authority to Issue a Warrant.
3. Extension of Jurisdiction.
4. Authority to Administer Oaths.
Chapter IL?WARRANTS OF ARREST AND PENAL SUMMONS
5. Warrants or Penal Summons Upon Complair4.
U. Investigation in Doubtful Cases.
7. Use of Penal Summons in Place of Warrant of Arrest.
8. Execution of Warrants and Service of Penal Summons.
P. Return of Service.
10. Oral Order by a Community Court or Judge Thereof,
in Place of Warrant or Penal Summons.
11. Issuance of Warrant or Penal Summons Upon a Charge
Sheet.
12. Use of Citations.
Chapter M.?ARRESTS
13. Limitation of Arrests Without a Warrant.
14. Arrests Without a Warrant.
15, Arrested Person To Be Informed of Cause and Author-
ity for Arrest.
16. Use of Force in Making Arrest.
17. Searches and Seizures in Connection With Arrests.
18. Forcing Entrance To Make Arrest.
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Chapter IV.--IMMEDIATE DISPOSITION OF ARRESTED
PERSONS
Section, Title
19. Disposition of Those Arrested by Private Persons.
20. Disposition of Arrested Persons by Policemen.
21. Rights of Persons Arrested for Examination.
22. Complaints in Cases of Arrest Without a Warrant.
23. Preliminary Hearings.
24. Preliminary Examination Upon Request of Person Re--
leased on Bail or Personal Recognizance.
Chapter V-BAIL AND PERSONAL RECOGNIZANCE
25. Right to Bail.
26. Who May Fix Bail.
27. Notice by Police of Requests To Have Bail Fixed.
28. Amount of Bail.
29. Form and Disposition of Bail; Sufficiency of Sureties.
30. Modification of Bail.
31. Exoneration and Release of Bail.
32. Personal Recognizance.
Chapter VI-SEARCH AND SEIZ1URE
33. Authority To Issue Search Warrant.
34. Property for Which Search Warrant May Be Issued.
35. Issuance of Search Warrants.
36. Contents of Search Warrant.
37. Execution of Search Warrant and Return With
Inventory.
38. Hearing Upon Return of Search Warrant.
39. Filing of Search Warrant and Accompanying Papers.
40. Oral Order by a Community Court, or Judge Thereof,
in Place of Search Warrant.
41. Entering Building or Ship To Execute Search Warrant.
42. Motion for Return of Property and To Suppress Evi-
dence.
Chapter VII-MISCELLANEOUS. PROVISIONS
43. Name in Which Prosecution Shall Be Conducted.
44. Summoning of Witnesses Before Official Authoriz
To Issue a Warrant.
45. Detention and Release of Witness.
40. Process Obligatory Upon Police.
47. Sale of Seized Property.
48. Dismissal by Attorney General or District Attorney.
49. Dismissal by Court.
50. Insanity at Time of Offense.
51. Insanity at Time of Trial.
52, Juvenile Offenders.
53. Designation of Place of Confinement.
54. Effect of Irregularities.
55. Effect of Violation of This Regulation.
56. Release of Persons Detained in Violation of This
Regulation.
CHAPTER I
DEFINITIONS AND POWERS
SECTION 1. Definitions. The following terms as
used in this regulation shall have the meanings set
forth below:
: ciA-Rops-oo453Rpool000m-e,
a. A `complamt is statementOrr the essential
facts constituting a criminal offense by one or more
persons named or described therein. It shall be
made under oath before a court or an official
authorized to issue a warrant. It may be either
written or oral, but whenever the court or official
hearing it deems practicable it shall be reduced to
writing, signed by the complainant, and bear a
record of the oath signed by the person who ad-
ministered it. The complaint shall refer to the
Interim. Regulation, Ordinance, District Order,
native custom, or other provision of law which
the accused is alleged to have violated, but any
error in this reference or its omission may be cor-
rected by leave of court at any time prior to sen-
tence and shall not be ground for reversal of a.
conviction if the error or omission did not mislead
the accused to his prejudice. The complaint may
be accepted by the court in place of a charge sheet
in any case tried in the first instance in a Com-
munity Court or a Justice Court.
b. A "warrant of arrest" is a written order com-
manding that a person or persons be arrested and
brought as soon as practicable before a court
named therein, or otherwise dealt with according
to law. It shall be signed by the clerk of the court
or by the official issuing it and shall contain the
name of the accused, or if his name is unknown,
any name or description by which he can be iden-
tified with reasonable certainty. It shall describe
the criminal offense charged and may do so by
referring to either the original or a copy of the
complaint or charge sheet attached to or on the
same sheet as the warrant. Except where other-
wise indicated, the word "warrant" in this regula-
tion refers to a "warrant of arrest."
c. A "search warrant" is a written order di-
rected to a policeman, commanding him to search
for, and if found, to seize and bring before a par-
ticular court or official, certain articles supposed
to be in the possession of a person or at a place
named or described in the search warrant. It shall
be signed by the, clerk of the court or by the. offi-
cial issuing it, and shall state the grounds or prob-
able cause for its issuance and the name of the per-
son or persons whose statements, under oath, have
been taken in support thereof. It shall designate.
the court or official to whom it shall be returned.
d. A "penal summons" is a written order sum-
moning a person or persons to appear before a
court at a time and place named therein, instead
of commanding an arrest. Otherwise it shall meet
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all the requirements of a warrant. It shall con-
tain a warning that failure to obey it will render
the accused liable to arrest upon a warrant.
e. A "citation" is a written notice to appear
before!! a court at a time and place, named therein
to answer a criminal charge briefly described in
the citation. It shall contain a warning that fail-
ure to obey it will render the accused liable to
have a complaint filed against hiiii upon which a
warrant of arrest may be issued. The statement
of the charge or charges in a citation or a copy
thereof may be accepted by the court in place of a
charge sheet in any case tried in the first instance
in a -Community Court or a Justice Court.
f. A "judge" is any member of a Court of Ap-
peals, a Superior Court, the District Court, a
Justice Court, or a Community Court.
g. A "policeman" is any member of the Insular
Constabulary, any municipal policeman, or any
person authorized by the High Commissioner or
any Civil Administrator to act as a policeman.
h. The "attorney general" is the Legal Officer on
the Staff of the High Commissioner ,or any per-
son appointed by the High Commissioner to super-
vise prosecutions throughout the Trust Territory.
i. A "district attorney" is any person appointed
by the High Commissioner or by a Civil Admin-
istrator to prosecute criminal cases in a Court of
Appeals, a Superior Court or the District Court,
or to supervise prosecutions in a Justice Court or
a Community Court within a Civil Administra-
tion District.
j. "Oath"- shall include a solemn affirmation.
It. A "personal recognizance" is a prom i.se made
before an official authorized to accept bail that in
consideration of the release of the person he will
appear in accordance with all orders of the court
and that if he fails to do so he will pay a stated
sum of money.
SECTION 2. Authority To Issue aW arrant. The
following officials are authorized to issue a
warrant:
a. Any Civil Administration Court.
b. Any judge.
c. The, Clerk of Courts for a district, subject to
such limitations, if any, as the District Court may
impose.
d. Any civil administration officer, except medi-
cal officers, dental officers, or chaplains.
e. Any other person authorized in writing by
the High Commissioner or by any Civil Admin-
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istrator and a certified copy of those whose au-
thorization is filed with the Clerk of Cohrts for
the district in which he acts.
SECTION 3. Extension of Jurisdiction. The
jurisdiction of Civil Administration Courts under
Section 2 of Article II of Interim Regulation No.
I-49 and all. judges thereof is hereby extended to
include the exercise of the powers herein !granted
over all persons (except those having diPlomatic
immunity) within the jurisdiction of the Trust
Territory of the Pacific Islands. A CoMmunity
Court or a judge thereof, however, shall not issue
a warrant of arrest or a search warrant c-,r penal
summons or an oral order in place of a warrant or
penal summons for the arrest or appearance or
search of any person not subject to that curt for
trial, unless the court or judge deems that the
public interest requires action be taken before the
matter can reasonably be presented to any other
type of court or of official authorized to issue a
warrant.
SECTION 4. Authority to Administer Oaths.
Any official named in Section 2 hereof is author-
ized to administer oaths.
142
CHAPTER II
WARRANTS OF ARREST AND PENAL SIT3111,16TSES
?
SECTION 5. Warrant or Penal Summons Upon
Complaint. Anyone (other than the Attorney
General or a District Attorney) desiring the is-
suance of a warrant of arrest for a criminal offense
shall personally appear and make a complaint,
within the district where the offense or some part
thereof is alleged to have been committ4 before
an official authorized to issue a warrant. If the
complaint states the essential facts constituting
a criminal offense by one or more persons named
or described therein, and, if in the opinion of the
official, there is probable cause to believe or
strongly suspect that the offense complained of
has been committed by such person or persons,
the official may issue his warrant for the arrest
of such person or persons, or issue a penal sum-
mons instead thereof as hereinafter prOvided.
Any official other than a judge of a Justice Court
may refuse to act, if he deems that the public in-
terest does not require action before the :matter
can reasonably be presented to a judge of a Jus-
tice Court.
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a judge of a Justice Court before whom a com-
plaint is made is doubtful whether sufficient
ground in fact exists for the issuance of a warrant
or penal summons, he may, if the complainant con-
sents, refer the complaint to the Insular Constabu-
lary for investigation and report and withhold
action for a reasonable time pending such report.
If the complainant does not consent to such refer-
ence or if the report of investigation is not re-
ceived within a reasonable time, the judge shall
proceed to examine under oath the complainant,
any witnesses offered by the complainant, and such
other witnesses as the judge deems best and may
in his discretion give the accused an opportunity
to be present and to be heard. If the judge is
satisfied from the investigation made by the In-
sular Constabulary or that made by him as above
directed that there is probable cause to believe
or strongly suspect that the offense complained of
has been committed and that the accused com-
mitted it, he shall issue a warrant or a penal sum-
mons instead thereof as hereinafter provided.
SECTION 7. Use of Penal Summons in Place of
Warrant of Arrest. In the case of all criminal
offenses the lawful punishment for which does
not exceed a fine of one hundred dollars ($100) or
6 months imprisonment, or both, a penal summons
to appear before a court at a time and place fixed
in the penal summons shall be issued instead of a
warrant of arrest, unless it shall appear to the
court or official issuing the process that the public
interest requires the arrest of accused. Upon
request of the complainant a penal summons in-
stead of a warrant may be issued in any case. If
the accused, after a penal summons has been
served upon him, fails to appear in response to
the penal summons without an excuse known to
and deemed adequate by the court named in the
penal summons, a warrant shall be issued.
SECTION 8. Execution of Warrants and Service
of Penal Summons. The warrant shall be executed
or the penal summons served by a policeman or
by a person specifically authorized in the warrant
or summons to execute or serve it. The warrant
may be executed or the summons served at any
place within the jurisdiction of the Trust Terri-
tory of the Pacific. Islands. The penal summons
shall be served upon the accused by delivering a
copy to him personally and orally explaining the
substance thereof to him in a language generally
SECTION 6. Investigation in Doubtful Cases. If understoo t e oca i y an practicable in
one understood by the accused, or by leaving it at
his dwelling house or usual place of abode or of
business with some person of suitable age and
discretion then residing or employed therein and
orally explaining the substance thereof as above
provid ed.
SECTION 9. Return of Service. The person exe-
cuting a warrant shall endorse thereon and sign
a statement of the arrest showing the date and
place of arrest and shall have it delivered to the
court or official before whom the accused is brought
pursuant to Section 20 hereof, or to the court
named in the warrant if the accused is released on
bail or personal recognizance before being brought
before a court or official. At or before the time
stated in a penal summons for appearance of the
accused, the person to whom a penal summons is
delivered for service shall endorse thereon and
sign a report of his action thereon and have it
delivered to the court named therein. If he has
served the summons, his report shall show the
date, place, and method of service.
SECTION 10. Oral Order by a Community Court
or Judge Thereof, in Place of Warrant or Penal
Summons. A. Community -Court or any judge
thereof may, if the court or judg deems the pub-
lic interest so requires, issue an oral order in place
of either a warrant or a penal summons, which
shall have the same force and effect within the
territorial jurisdiction of that court as a warrant
or penal summons as the case may be. Such oral
order in place of a penal summons may be served
by orally communicating the substance thereof to
the accused. Report of execution or service of
such an order may be made orally. Any person
by going to trial before a Community Court with-
out requesting a copy of the charges against him,
thereby waives his right to have a copy in advance
of trial in that court, but he does not thereby
waive his right to such a copy before trial in a
Justice Court in the event of an appeal. Any per-
son making an arrest on such an oral order or
serving such an order in place of a penal summons
shall report all the essential facts to the court or
official before whom the accused is brought or
ordered to appear as the case may be.
SECTION 11. Issuance of Warrant or Penal Sum-
mons Upon a Charge Sheet. The Attorney Gen-
eral or a District Attorney may file a charge sheet
signed by him in any court competent to try the
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SECTION 15. Arrested Person To Be Informed of
Cause and Authority for Arrest. Any person
making an arest shall, at or before the time of
arrest, make every reasonable effort to give the
person arrested clearly to understand for what
cause and by what authority the fares is being
made. If the person making the arrest does not
succeed in giving the person arrested so to under-
stand, either because of the conditions of the. per-
son arrested or because of language difficulties or
otherwise, the arrested person shall, aS soon as
practicable after the arrest, be given Ilearly to
understand for what cause and by what authority
the arrest was made. A policeman m -dung an
arrest by virtue of a warrant need not have the
warrant in his possession at the time of Le arrest,
but after the arrest, if the person arrested so re-
quests, the warrant shall be shown to hi as soon
as Possible
SEcTioN 16'. Use of Force in Making Arest. In
all cases where the person arrested refuses to sub-
mit or attempts to escape, such degree of force
may be used as is necessary to compel him to
such submission.
SECTION 17. Searches and Seizures in Connec-
tion with Arrests. He who makes an arrest may
Lake from the person arrested all offensive weapons
which he may have about his person. He who
makes an arrest may also search the person ar-
rested and the premises where the arrest is made,
so far as controlled by the person arrested, for
the instruments, fruits, and evidences of t in crimi-
nal offense for which the arrest is made and, if
found, seize them. Any property taken Or seized.
shall be promptly delivered to a policeman or an
official authorized to issue a warrant tO be d.i.s-
posed of according to law. No search warrant
shall be required for the actions authoinzed by
this section.
SECTION 18. Forcing Entrance To Make, Arrest.
Whenever it is necessary to enter a building or ship
to make an arrest and entrance is refused, any per-
son making. an arrest for a felony cominitted in
his presence or a policeman making any arrest
may force an entrance by breaking doors or other
barriers. But before breaking any door Or other
barrier, he shall first demand entrance in a loud
voice, and state that he desires to execute a war-
rant of arrest, or an oral order in place of a war-
rant, or if it is a case in which arrest i. lawful
without a warrant, he must substantially- state that
accused for a Siminaq lense offenses charged
therein. If the charge sheet states the essential
facts constituting a criminal offense or offenses
by one or more persons named or described therein
and is supported by one or more written state-
ments under oath showing to the satisfaction of
the court that there is probably cause to believe
or strongly suspect that the offense complained of
has been committed by such person or persons,
the court shall, upon request of the Attorney
General or District Attorney, issue its warrant or
penal summons as upon a complaint.
SEcTroN 12. Use of Citations. A policeman in
any case in which he may lawfully arrest a person
without a warrant, may, subject to such limita-
tions as his superiors may impose, issue and serve
a citation upon the person instead of making an
arrest, if he deems that the public interest does
not require an arrest.
CHAPTER III
ARRESTS
SECTION 13. Limitation, of Arrests 'Without a
Warrant. No arrest of any person shall be made
without first obtaining a warrant therefor, except
in the cases authorized in this regulation or
otherwise provided by law.
SEcTioN 14. Arrests 'Without a Warrant. Ar-
rest without a warrant is authorized in the follow-
ing situations:
a. Where a breach of the peace or other crimi-
nal offense has boon committed, and the offender
shall endeavor to escape, he may be arrested by
virtue of an oral order of any official authorized
to issue a warrant, or without such order if no
such official be present.
b. Anyone in the act of committing a criminal
offense may be arrested by any person present,
without a warrant.
c. When a criminal offense has been committed,
and a policeman has reasonable ground to believe
that the person to be arrested has committed it,
such policeman may arrest the person without a
warrant.
d. Policemen, even in cases where it is not cer-
tain that a criminal offense has been committed,
may, without a warrant, arrest and detain for
examination persons who may be found under
such circumstances as justify a reasonable sus-
picion that they have committed or intend to
commit a criminal offense.
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information in a loud voice. Whenever prac-
ticable this demand and statement shall be made
in a language generally understood in the locality.
CHAPTER IV
IMMEDIATE DISPOSITION OF ARRESTED PERSONS
SECTION 19. Disposition of Those Arrested by
Private Persons. Any private person making an
arrest shall deliver the arrested person to a po-
liceman or an official authorized to issue a war-
rant, without unnecessary delay, and explain the
cause of the arrest. Except where transportation
difficulties are involved, or neither a policeman nor
an official authorized to issue a warrant can be
located promptly, such delay should not extend
beyond a few .hours during the daytime or early
evening nor beyond ten o'clock on the following
morning in the case of persons arrested during
the nighttime.
SECTION 20. Disposition of Arrested Persons by
Policemen. Persons arrested by any policeman
(except under Section 14d hereof) or delivered
to him after arrest by a private person shall be
brought as soon as practicable before a court com-
petent to try the offender for the criminal offense
charged, subject to the following provisions:
a. If bail has been fixed, such bail shall be ac-
cepted and the arrested person released to appear
in accordance with all orders of the court named
in the warrant or any court to which the case may
be transferred. Reasonable opportunity to raise
such bail shall be afforded such a person by per-
mitting him to send a message or messages through
a policeman or person other than the arrested, by
telephone, cable, wireless, messenger, or other ex-
peditious means, to any person likely to assist in
securing bail, provided such message can be sent
without expense to the government or the arrested
person prepays any expense there may be to the
government.
b. If it appears it will not be practicable, within
7 days after his arrest, to bring a person arrested
before a court competent to try him for the offense
charged, and he has not been released on bail or
personal recognizance, he shall, as soon as practi-
cable and before the expiration of said 7 days, be
brought before an official authorized to issue a
warrant. This official shall commit the arrested
person, discharge him, or release him on bail or
personal recognizance as hereinafter provided.
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Whenever a. jiidgOof a Justice Court is available,
the arrested person shall be brought before such
a judge in preference to any other official au-
thorized to issue a warrant.
SECTION 21. Rights of Persons Arrested for Ex-
amination. In any case of arrest for examination
(as provided in Section 14d hereof) it shall be
unlawful :
a. To deny to the person so arrested the right
of seeing at reasonable intervals and for a reason-
able time at the place of his detention, counsel, or
a member of such arrested person's family, or his
employer or a representative of his employer; or
b. To refuse or fail to make a reasonable effort
to send a message by telephone, cable, wireless,
messenger or other expeditious means, to any per-
son mentioned in clause a. above provided the
arrested person so requests and such message can.
be sent without expense to the government, or the
arrested person prepays any expense there may
be to the government ; or
c. To fail either to release or charge such ar-
rested person with a criminal offense within forty-
eight (48) hours after his arrest. Any person
arrested for examination who is not released
within forty-eight (48) hours shall, as soon as
practicable and before the expiration of 7 days,
be brought before a court competent to try him for
the offense charged or an official authorized to
issue a warrant.
SEornow 22. Complaints in Cases of Arrest
Without a Warrant. When a. person arrested.
without a warrant is brought before a court or
official authorized to issue a warrant, a complaint
shall, be made against him forthwith, if that has
not already been done.
SEcTioN 23. Preliminary Hearings.
a. Duties of Officials. When an arrested person
is brought before an official authorized to issue a
warrant who is not a court competent to try the
arrested person for the offense charged, the official
1. Inform the arrested person of the charge or
charges;
2. Inform the arrested person of his right to
retain counsel and of his right to be released on
bail as provided by law, and allow him reasonable
time and opportunity to consult counsel, if de-
sired.;
3. Inform the arrested person of his right to
have a preliminary examination, and of his right
115
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to waive the examination and the Onsequences of
such waiver; and
4. Inform the arrested person that he is not
required to make a statement and that any state-
ment that he does make may be used against him.
5. Fix the amount of bail as provided by law
if the arrested person so requests or alter the bail
previously set if the official deems best.
b. Plea Not To Be Taken. The arrested person
shall not be called upon to plead at the preliminary
hearing.
c. Procedure. 1. If the arrested person does
not waive preliminary examination, the official
shall hear the evidence within a reasonable time.
2. A reasonable continuance shall be granted
at the request of the arrested person or the prose-
cution to permit preparation of evidence. The
arrested, person has the right to be released on bail
as provided by law during the period of a con-
tinuance.
3. The arrested person may cross-examine wit-
nesses against him. and may introduce evidence in
his own behalf.
4. If the arrested person waives preliminary
examination, or if from the evidence it appears
to the official that there is probable cause to believe
that a crinfinal offense has been committed and.
that the arrested person committed it, the official.
shall;
(a) Forthwith hold the arrested person to an-
swer in a court competent to try him for the of-
fense charged, and
(b) Fix, continue, or alter the bail as provided
by law, and
(c) If bail is not provided, or a personal recog-
nizance accepted, commit him to jail to await
trial.
5. If during the preliminary examination it
appears to the official that the warrant of arrest,
complaint or other statement of the charge or
charges does not properly name or describe the
person arrested or does not properly set forth the
nature of the offense for which he was arrested
or that although not guilty of the offense specified
there is probable cause to believe he has com-
mitted some other offense, the official shall not
discharge such person but shall forthwith hold
him to answer for the offense shown by the
evidence.
6. If the arrested person does not waive pre-
liminary examination and from the evidence it
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does not appear to the official that there is prob-
able cause to believe that a criminal offense has
been committed and that -the arrested person com-
mitted it, the official shall discharge him.
d. Disposition of the Record. After concluding
the proceeding, the official shall transmit forth-
with to the Clerk of Courts for the district all
papers in the proceedings and any bail taken by
him, except when a person has been held to answer
in a Community Court. In the latter case the
papers and any bail taken shall be transthitted to
the Clerk of the Community Court.
SECTION 24. Preliminary Examination Upon
Request of Person Released on Bail or Personal
Recognizance. If it appears it will not be prac-
ticable to bring an arrested person within 7 days
after his arrest before a court as indicated in Sec-
tion 20b hereof, and he has been released on bail
or personal recognizance, he may apply td a judge
of a Justice Court, if one is available, otherwise
to any official authorized to issue a warrant, and
request a preliminary examination. Thereupon
the judge or official shall set a time and place for
preliminary examination, give the complainant
and accused reasonable notice thereof, and pro-
ceed as outlined in the preceding section
146
CHAPTER V
BAIL AND PERSONAL RECOGNIZANCE
SECTION 25. Right to Bail. Any person arrested
for a criminal offense not punishable by death
shall be entitled to be released on bail before con-
viction as a matter of right, provided, however,
that no person shall be so released while he is so
under the influence of intoxicating liquor qr drugs
that there is reasonable ground to believe he will
be offensive to the general public. A person ar-
rested for a criminal offense punishable by death
may be released on bail by a Court of Appeals, a
Superior Court, or the District Court, or by a
judge of one of these three courts, in the exercise
of discretion unless the evidence of guilt is strong.
In the case of a criminal offense punishable by
death, the District Attorney shall be given reason-
able opportunity to be heard before any applica-
tion for bail is granted.
SECTION 26. TV/to May Fix Bail. In the case of
any person arrested for a criminal offense not
punishable by death, any court or any official
authorized to issue a warrant may fix the bail,
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prior to conviction. This may be done at the
Lime of issuing the warrant and endorsed on the
warrant or may be done at any later time prior
to conviction. After conviction bail may be al-
lowed only if a stay of execution of the sentence
has been granted and only in the exercise of dis-
cretion by a court authorized to order a stay or
by a judge thereof.
SECTION 27. Notice by Police of Requests To
Have Bail Fixed. When any arrested person for
whom bail has not been fixed, or once denied in the
case of a criminal offense punishable by death,
notifies any policeman or jail attendant that he
desires to give bail, an official authorized to fix bail.
shall be promptly notified by the police authori-
ties. The arrested person shall be brought before
the official for this purpose if the official so requests.
SECTION 28. Amount of Bail. The amount of
the bail shall be such as in the judgment of the
court or official fixing it will insure the presence
of the accused, having regard to the nature and
circumstances of the offense charged, the weight
of the evidence against him, the financial ability
of the accused to give bail and the character of
the accused.
SECTION 29. Form and Disposition of Bail; Suf-
ficiency of Sureties. One or more sureties may be
required on a bail bond, or cash or bonds or notes
of the United States may be accepted as bail. A
person of good standing in the .community who
is in a position of moral or customary authority
over the accused, such as his father, the head of
his extended family group, or the chief of his
lineage or clan, may be accepted as surety without
the disclosure of property by way of justification,
if the official taking the bail or determining the
sufficiency of the surety considers that such surety
will reasonably guarantee the appearance of the
accused. Otherwise, no surety or sureties are to
be accepted unless their combined net worth over
and above all just debts and obligations is not
less than the amount of the bond. Any surety
- may be required to furnish proof of his sufficiency,
either by his own oath or otherwise. If the official
to whom the bail is tendered refuses to accept the
surety or sureties offered, the question of their suf-
ficiency shall, at the request of the accused, be re-
ferred promptly to a judge for determination.
The determination of the judge shall be final.
Any bail accepted shall be promptly transmitted
to the Clerk of Courts for the district, except when
a person has been released to appear in accordance
with the orders of a Community Court. In the
latter case, the bail shall be transmitted to the
Clerk of the Community Court.
SECTION 30. Modification of Bail. The court be-
fore which a criminal ease is pending may for
cause shown either increase or decrease the bail
or require an additional surety or sureties or al-
low substitution of sureties. If increased bail
or an additional surety or sureties are required,
the accused may be committed to custody unless
he gives bail in the increased amount or furnishes
additional surety or sureties as required.
SECTION 31. Lxoneration and Release ? of Bail.
When the condition for which. the bail was given
has been satisfied, the court shall exonerate the
the obligors and release any bail. A surety may
be exonerated by a deposit of cash in the amount
of the bail bond or by a timely surrender of the
accused into custody.
SEcTioN 32. Personal Recognizance. In the case
of an arrest for any criminal offense the lawful
punishment for which does not exceed a fine of
one hundred dollars ($100) or 6 months impris-
onment, or both, any court or official authorized
to fix bail may in the exercise, of discretion order
that the arrested person be released on his per-
sonal recognizance in such sum as the court or
official may fix, without security, into the custody
of a responsible member of the community, pro-
vided arrested person has a usual place of abode
or of business or employment in the Trust
Territory.
147
CHAPTER VI
SEARCH AND SEIZURE
SECTION 33. Authority to Issue Search Warrant.
A search warrant may be issued by any official
authorized to issue a warrant.
SECTION 34. Property for Which Search War-
rant May Be Issued. Except in cases where they
are otherwise expressly authorized by law, search
warrants shall be issued only to search for and
seize the following:
a. Property the possession of which is pro-
hibited by law; or
b. Property stolen or taken under false pre-
tenses or embezzled or found and fraudulently
appropriated; or
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c. Forged instruments in writing, or counterfeit
coin intended to be passed, or instruments or ma-
terials prepared for Making them; or
d. Arms or munitions prepared -for the purpose
of insurrection or riot; or
e. Property necessary to be produced as evi-
dence or otherwise on the trial of anyone accused
of a criminal offense; or
f. Property designed or intended for use as,
or which is, or has been used as the means of
committing a criminal offense.
The term "property" is used in this Article to
include documents, books, papers, and any other
tangible objects.
SEcrioN 35. Issuance of Search Warrants. Any-
one desiring the issuance of a search warrant shall
personally appear and make application therefor
under oath, within, the district where the property
sought is alleged to be, before an official authorized
to issue a warrant. The application shall set
forth the grounds for issuing the warrant and may
be supported by statements under oath of others
made before the official. The application and
statements may be either written or oral, but,
whenever the official hearing the application
deems practicable, they shall be reduced to writ-
ing, signed by the person or persons making them,
and bear a record of the oath signed by the person
who administered it. If the official hearing the
application is satisfied that grounds for the ap-
plication exist or that there is probable cause to
believe that they exist, he shall issue a search war-
rant identifying the property and naming or de-
scribing the person or place to be searched, except
that any official other than a judge of a Justice
Court may refuse to act if he deems that the public
interest does not require action before the matter
can reasonably be presented to a judge of a justice
Court.
SEcTioN 36. Contents of Search Warrant. A
search warrant shall command a policeman to
search forthwith the person or place named, for
the property specified. The warrant shall direct
that it be served in the daytime, except that, if
the statements under oath in support of the appli-
cation are positive that the property is on the
person or in the place to be searched, the warrant
may, at the discretion of the official issuing it,
direct that it be served at any time. It shall desig-
nate some official authorized to issue a warrant, to
whom it shall be returned, and whenever con-
148
sistent with the reasonably expeditious handling
of the matter, the. official so designated 4iall be a
judge of a Justice Court. It shall designate the
time within which it may be executed and re-
turned. This time shall not exceed ten days, pins
whatever time the official issuing the wailTant de-
termines will be reasonably required for the po-
liceman to travel to the point where the Search is
to be made, and return to the official before whom
the search warrant is returnable.
SEcTioN 37. Execution of Search Warrant and
Return With Inventory. The policeman taking
property under a search warrant shall give to the
person from whom or from whose premises the
property was taken, a copy of the warrant and a
receipt for the property taken, or shall leave the
copy and receipt at the place from which the prop-
erty was taken. The policeman executing 4 search
warrant shall promptly, upon completion of his
search, endorse upon the warrant and sign a brief
statement of the action he has taken pursUant to
the warrant, showing the date on which th6 search
was made, the person or place searched, the person
to whom he gave a copy of the warrant and a re-
ceipt for the property taken, or the place where he
left the copy and receipt as above provided. He
shall then deliver the warrant, accompanied by a
written inventory of any property taken, and
bring the property, to the official before whom the
warrant is returnable. The inventory shall be
made in the presence of the applicant for the war-
rant and the person from whose possession or
premises the property was taken, if they are pres-
ent, or in the presence of at least one credible
person other than the applicant for the warrant,
or the person from whose possession or premises
-the property was taken, and shall be verified by a
statement signed and sworn to by the poli'pernan
to the effect that the inventory is a true account
of all property taken by him under the warrant.
The official before whom a search warrant is re-
turned shall, upon -request, deliver a copy Of the
inventory to the person- from whom or from Whose
premises the property was taken and to the ap-
plicant for the warrant.
SECTION 38. Hearing Upon Return of Search,
Warrant. If the grounds on which the warrant
was issued are controverted, the official to -Whom
a search warrant is returned shall proceed to
take testimony in relation thereto, and the 'testi-
mony of each witness shall be reduced to writing
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and subscribed by the witness. If it appears that
the property taken is not the same as that de--
scribed in the warrant or that there is no probable
cause for believing the existence of the grounds
On which the warrant was issued, the official must
cause the property to be restored to the person
from whom it was taken; but if it appears that
the property taken is the same as that described
in the warrant and that there is probable cause
for believing the existence of the grounds on which
the warrant was issued, then the official shall order
the same retained in the custody of the person
seizing it or to be otherwise disposed of according
to law.
SECTION 39. Filing of Search Warrant and Ac-
companying Papers. The official to whom a search
warant is returned shall attach to the warrant
the inventory and all other papers in connection
therewith, including any order made as to the
disposition of the property seized, and shall file
them with the Clerk of Courth for the district in
which the property was seized.
SnurtoN 40. Oral Order by a Community .Court,
or Judge Thereof, ,in Place of Search Warrant. A
Community Court or any judge thereof may, if
the court or judge deems the public interest so
requires, issue an oral order in place of a search
warrant, which shall have the same force and
effect within the territorial jurisdiction of that
court as a search warrant and shall be returnable
before the court or judge issuing it. Such oral
order in place of a search warrant may be orally
communicated to the person from whom or from
whose premises the property was taken instead
of leaving a copy with him. No inventory shall
be required in such case, but the property seized
shall be brought promptly before the court or
judge issuing the order, and the policeman
executing it may orally report his doings thereon.
The court or judge shall, upon request, allow the
person from whom or from whose premises the
property was taken, and the applicant for the
order, to view the property taken, and shall report
all doings in the matter to the Clerk of Courts
for the district as soon as possible. If the grounds
on which the order was issued are controverted,
the court or judge shall proceed to take testimony
orally and it need not be reduced to writing.
SECTION 41. Entering Building or Ship To Exe-
cute Search Warrant. If a building or ship or any
part thereof is designated as the place to be
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searched, the policeman executing the warrant or
oral order in place of a warrant may enter with-
out demanding permission if he finds the build-
ing or ship open. If the building or ship be
closed, he shall first demand entrance in a loud
voice and state that he desires to execute a search
warrant or an oral order in place thereof as the
case may be. If the doors, gates, or other bars to
the entrance be not immediately opened, he may
force an entrance, by breaking them if necessary.
When entered, he may demand that any other
part of the building or ship, or any closet, or other
closed space within the place designated in the
search warrant in which he has reason to believe
the property is concealed, be opened for his in-
spection, and, if refused, he may break them.
Whenever practicable, these demands and state-
ments shall be made in a language generally un-
derstood in the locality.
SECTION 42. Motion for Return of Property and
To Suppress Evidence. A person aggrieved by an
unlawful search and seizure may move the Dis-
trict Court or a Justice Court, in the district in
which the property was seized, for the return of
the property and to suppress for use as evidence
anything so obtained. The motion to suppress
evidence may also be made in the court where the
trial is to be held in which the evidence is sought
to be used. The motion shall be made before trial
or hearing unless opportunity therefor did not
exist or the accused was not aware of the grounds
for the motion, but the court in its discretion may
entertain the motion at the trial or hearing. Upon
such motion the court shall review any order pre-
viously made by the official before whom any
search warrant, or oral order in place thereof, was
returned, and shall receive evidence on any issue
of fact necessary to the decision of the motion.
If the motion is granted the property shall be
restored unless otherwise subject to lawful deten-
tion and it shall not be admissible in evidence at
any hearing or trial.
149
CHAPTER VII
MISCELLANEOUS PROVISIONS
SECTION 43. Name in Which Prosecution Shall
Be Conducted. All criminal prosecutions shall be
conducted in the name of the "Trust Territory of
the Pacific Islands."
SEcTioN 44. Summoning of Witnesses Before
Official Authorized To Issue aW arrant. A witness
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summons in a proceeding before an official author-
ized to issue a warrant, who is not a court, may
be issued by such an official. Failure by any per-
son without adequate excuse- to obey such a witness
summons may be deemed a contempt of the Justice
Court within whose territorial jurisdiction it was
issued.
SECTION 45. Detention and Release of Witness.
Whenever the court has reason to believe that a
witness may be intimidated or become unavailable
at the trial, he may be detained as a material wit-
ness, provided no such person shall be detained
for a period of more than 21 days without a fur-
ther order being made. A report of such detention
shall be made forthwith in the manner provided
for the transmission of the record. A person de-
tained as a material witness shall be entitled to
be released as a matter of right upon giving bail
for his appearance as a witness in an amount fixed
by the court ordering the detention or any higher
court. The court ordering the detention, or any
higher court, may order the witness' release with-
out bail if he has been detained for an unreason-
able length of time and may modify at any time
the requirement as to bail.
SEcTioN 46. Process Obligatory Upon Police.
All process (that is, warrants of arrest, search war-
rants, penal summons, witness summons, commit-
ments, and other orders, including an oral order
in place of any of the foregoing) in any criminal
proceedings and in all contempt proceedings, is-
sued in accordance with law and the Rules of
Criminal Procedure prescribed in accordance with
law, shall be obligatory upon all policemen having
knowledge thereof, and any policeman to whom
such process is given shall promptly make diligent
effort to execute- or serve the same either personally
or through another policeman.
SECTION 47. Sale of Seioed Property. Seized
property which is perishable may be sold before
trial under the order of a court. The proceeds
of the sale must be brought into court.
SECTION 48. Dismissal by Attorney General or
District Attorney. The Attorney General or the
District Attorney may by leave of court file a
dismissal sheet or complaint or citation and the
prosecution shall thereupon terminate. Such a
dismissal may not, however, be filed during the
trial without the consent of the accused.
SECTION 49. Dismissed by Court. If there is
unnecessary delay in bringing an accused to trial,
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the court may dismiss a charge sheet, or complaint,
or citation.
SECTION 50. Insanity at Time of Offense. If it
is ascertained by the court upon competent medical
or other evidence that the accused at the time of
committing the offense with which he is charged
was so insane as not to know the nature and quality
of his act, the court shall record a finding of such
fact and may make an order providing for tem-
porary custody, pending direction by the High
Commissioner or a person authorized by him for
permanent custody or other disposition.
SECTION 51. Insanity at Time of Trial. If the
court ascertains that the accused is insane at the
time of trial, the court shall adjourn the trial and
order the accused to be detained as in Section 50
of this Regulation.
SECTION 52. Juvenile Offenders. In cases in-
volving offenders under the age of 18 years, courts
shall adopt a -flexible procedure based on the ac-
cepted practices of juvenile- courts of the United
States, including insofar as possible the following
measures:
a. Report by a welfare or probation officer in
advance of trial;
b. Detention, where necessary, apart from
adult offenders;
c. Hearing informally in closed session ;
d. Interrogation of parents or guardflans and
release in their custody if appropriate.
An offender 16 years of age or over may, how-
ever, be treated in all respects as an adult if in
the opinion of the court his physical and mental
maturity so justifies.
SECTION 53. Designation of Place of Confine-
ment. Any Civil Administration court upon
sentencing a person to imprisonment may desig-
nate in the commitment order a place! oi confine-
!
'tient within the Civil Administration district
where the trial is held. The place of confinement
may be changed or otherwise designated as fol-
lows at any time while the sentence iS still in
force:
a. The Civil Administrator, subject td instruc-
tion, if any, from higher authority, may transfer
transfer
the person to or designate any place of confinement
within his district.
b. The Governor, subject to instructions, if any,
from the High Commissioner, may transfer the
person to or designate any place of confinement
within his sub-area.
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c. The High. Commissioner may transfer the
person to or designate any place of confinement.
SECTION 54. Effect of Irregularities. The pro-
ceedings before a court or an official authorized
to issue a warrant shall not be invalidated, nor
any finding, order, Or sentence set aside for any
error or omission, technical, or otherwise, occur-
ring in such proceedings, unless in the opinion
of the reviewing authority or a court hearing the
case on appeal or otherwise, after examination
of the entire record, it shall appear that the error
or omission has resulted in injustice to the accused.
SECTION 55. Effect of Violation of This Regula-
tion. No violation of this regulation shall in and
of itself entitle an accused to an acquittal, but no
evidence obtained as a result of such violation
shall be admissible against the accused.
SECTION 56. Release of Persons Detained inVio-
lation of This Regulation. Any person detained
in custody in violation of any provision of this
regulation may, upon motion by any person in his
behalf, and after such notice if any, as the court
may order, be released from custody by the court
named in the warrant, if any, or before which
he has been held to answer. The release shall be
upon such terms, if any, as the court deems law
and justice require. The relief authorized by this
section shall be in addition to all other means of
relief to which the arrested person may be en-
titled by law and shall not bar the use of any of
such other means of relief.
Interim Regulation No. 3-51
CONTROL AND ERADICATION OF LANTANA
Section Title
1. Importation, Transportation, and Planting Prohibited.
2. Responsibility of Private Land Holders.
3. Public Lands.
4. Penalties.
SECTION 1. Importation., Transportation, and
Planting Prohibited. It shall be unlawful to im-
port, transport, or plant any seed or stock of the
weed pest lantana (Lantana Camara) throughout
the Trust Territory.
SEorioN 2. Responsibility of Private Land-
holders. All persons in possession or with right
of possession to land shall uproot and burn all
lantana plants found on such land and take all
necessary measures to prevent any new growth.
The chief or other designated leader of any clan
or family shall be deemed in possession or. with
ciA,RDp58-00453R0001 mom 3.-8
right of possession to land belonging to such clan
or family.
SECTION 3. Public Lands. The Civil Adminis-
trator shall be responsible for the eradication and
control of all lantana plants found on all Trust
Territory lands within his district. The munici-
pal authorities shall be responsible for the eradi-
cation and control of lantana on all lands under
the control of the municipality.
SECTION 4. Penalties. a. Any person who
knowingly imports, transports, or plants any seed
or stock of the weed pest lantana shall, upon con-
viction thereof, be imprisoned for a period not
exceeding 6 months or fined not more than one
hundred dollars ($100) or both.
b. Any person who wilfully refuses to comply
with the provisions of Sections 2 and 3 of this
Regulation shall, upon conviction thereof, be im-
prisoned for a period not exceeding 1 month or
fined not more than twenty-five dollars ($25) or
both.
151
Interim Regulation No. 4-51
MOTOR VEHICLE ACT
Section Title
1. Definitions.
2. Obedience to Police Officers.
3. Public Employees To Obey Traffic Regulations.
4. Persons Riding Bicycles or Animals.
5. Powers of Civil Administrators.
6. Local Traffic Signs and Markings.
7. Obedience to Traffic Signs.
S. Interference With. Signs Prohibited.
9. Duty To Stop in Event of Accident.
10. Duty To Report Accidents.
11. Garage Keeper To Report Damaged Vehicle.
12. Persons Under the Influence of Intoxicating Liquor or
Narcotic Drugs.
13. Reckless Driving.
14. Restrictions as to Speed.
15. When Civil Administrators May Indicate Higher
Speeds.
16. When Speed Limit not Applicable.
17. Drive on Right Side of Highway.
18. Overtaking a Vehicle.
19. Signals on Stopping or Turning.
20. Right of Way Between Vehicles.
21. Exceptions to Right of Way.
22. Pedestrians' Right of Way.
23. Vehicles Must Stop at Certain Through Highways.
24. Parking.
25. Stopping or Parking Prohibited in Specified Places.
26. Motor Vehicle Left Unattended.
27. Obstruction to Driver's View or Driving Mechanism.
28. Metal Tires.
29. Following Too Closely.
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30. Required Lighting Equipment.
31. Brakes.
32. Horns and Windshield Wipers.
33. Inspection of Equipment.
34. Operators Must Be Licensed.
35. Exemption From License.
30. What Persons Shall Not Be Licensed.
37. Age Limits for Drivers of School Buses and Public
Passenger-Carrying Motor Vehicles.
38. Instruction Permits and Fees.
39. Application for Operator's License.
40. Examination of Applicants.
41. Register of Operators.
42, License To Be Carried.
43. Expiration of License.
44. Mandatory Revocation of License.
45. Discretionary Suspension or Revocation of License.
40. Unlawful To Drive While License Suspended (or
Revoked.
47. Duties of the Civil Administrator.
48. Records.
49. Accident Reports.
50. Owner To Secure Registration.
51. Application for Registration.
52. Register of Applicants To Be Kept by District Secre-
tary.
53. Registration Cards.
54. Registration Card To Be Carried.
55. Number Plate.
56. Renewal of Registration.
57. Registration of Transfer of Vehicle.
58. When Registration Shall Be Cancelled.
59. Violations of License and Registration Provisions.
60. Registration Fees.
61. Driving Vehicle Without Owner's Consent or Proper
Authorization.
62. Injuring Vehicle.
63. Procedure Upon Arrest.
64. Penalties.
ARTICLE I
DEFINITIONS OF TERMS
SECTION 1. Definitions. The following words
and phrases when used in this act shall for the
purpose of this act have the meanings respectively
ascribed to them in this section.
a. Vehicle. Every device in, upon or by which
any person or property is or may be transported
or drawn upon a public highway, except devices
moved by human power or used exclusively upon
stationary rails or tracks.
I). Motor ,Vehicle. Every vehicle, as herein de-
fined, which is self-propelled.
c. Person. Every natural person, firm, copart-
nership, association or corporation.
d. Owner. A person who holds the legal title
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of a ve nc e or in t le event a vehic e is the subject
of an agreement for the conditional sale or lease
thereof with the right of purchase upon perform-
ance of the conditions stated in the agreeMent and
with an immediate right of possession Vested in
the conditional vendee or lessee, or in the event a
mortgagor of a vehicle is entitled to possession,
then such conditional vendee or lessee or mortga-
gor shall be deemed the owner for the pnrpose of
this act.
e. Street or Highway. Every way or place of
whatever nature open to the use of the public, as
a matter of right, for purposes of vehicular travel.
f. Crosswalk. That portion of a roadWay ordi-
narily included within the prolongatimt or con-
nection of curb lines or lateral boundary lines of
highways and property lines at intersections, or
any other portion of a roadway clearly indicated
for pedestrian crossing by lines or other Markings
on the surface.
g. Intersection. The area embraced within the
prolongation or connection of the lateral cUrb lines
or, if none, then of the lateral boundary lines of
two or more highways which join one another at
an angle, whether or not one highway crOsses the
other.
h. Right-of-way. The privilege of the immedi-
ate use of the highway.
i. Official Traffic Signs. All signs and markings
not inconsistent with this act placed or erected by
authority of a public body or official having juris-
diction, for the purpose of guiding, directing,
warning or regulating traffic.
j. Operator. Every person who is in actual
physical control of a motor vehicle upon a high-
way.
k. Foreign Vehicle. Every motor vehicle or
trailer which shall be brought into the Trust Ter-
ritory and which has not been registered therein.
T. Trailer. Every vehicle without motiVe power
designed to carry property or passengers wholly
on its own structure and to be drawn by motor
vehicle.
m. Metal Tires. All tires the surface Of which
in contact with the highway is wholly or partly
of metal or other hard, nonresilent material
n. Police Officer. Any member of the Insular
Constabulary, any municipal policeman, or any
person authorized by the High Commissioner or
any Civil Administrator to act as a police officer.
o. Official Authorized To Issue a 147 arrant. Any
person authorized by law to issue a warrant.
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OBEDIENCE TO TRAFFIC REGULATIONS
SECTION 2. Obedience , to Police Officers. It
shall be unlawful for any person to. refuse or
fail to comply with any lawful order, signal or
direction of any police officer with authority to
direct, control or regulate traffic.
SECTION 3. Public Employees To Obey Traffic
Regulations. The provisions of this act shall
apply to the drivers of all vehicles owned or
operated by the United States or the Trust
Territory.
SECTION 4. Persons Riding Bicycles or Animals.
Every person riding a bicycle or an animal upon
a roadway and every person driving an animal
shall be subject to the- provisions of this act ap-
plicable to the driver of a vehicle.
SECTION 5. Powers of Civil Administrators.
Civil Administrators, except as expressly au-
thorized in this act, shall have no power or au-
thority to enact or enforce any rule or regulation
contrary to the provisions of this act, except that
they shall have power to prohibit other than one-
way traffic upon certain highways, regulate the
use of the highways by processions or assemblages,
and close- highways and bridges to traffic when-
ever deemed necessary.
ARTICLE III
TRAFFIC SIGNS AND MARKINGS
SECTION 6. Local Traffic Signs and Markings.
Civil Administrators in their respective Districts
may cause appropriate signs to be erected and
maintained designating business, school and.
residence districts and such other signs and mark-
ings as may be deemed necessary to direct and
regulate traffic and to carry out the provisions
of this act, and such additional signs as may be
appropriate to give notice of local parking and
other special regulations.
SECTION 7. Obedience to Traffic Signs. It shall
be unlawful for the driver of any vehicle to dis-
obey the instructions of any official traffic sign
placed in accordance with the provisions of this
act, unless otherwise directed by a police officer.
SECTION 8. Interference With. Signs Prohibited.
It shall be unlawful for any person to deface,
injure, knock down or remove any official traffic
sign placed or erected as provided in this act.
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ACCIDENTS
SECTION 9. Duty To Stop in Event of Accident.
The driver of any vehicle involved in an accident
resulting in injury or death to any person or
damage to property shall immediately stop such
vehicle and shall give his name, address, and the
registration number of his vehicle and exhibit his
operator's license to the person struck or the
driver or occupants of any vehicle collided with
and shall render to any person injured in such
accident reasonable assistance.
SEcTroN 10. Duty To Report Accidents. The
driver of any vehicle involved in an accident re-
sulting in injury or death to any person or prop-
erty damage to an apparent extent of $50 or more
shall, within 24 hours,. forward a written report of
such accident to the Civil Administrator of the
District in which such accident occurs. All acci-
dent reports shall be without prejudice and shall
not be open to public inspection.
SECTION it Garage Keeper To Report Dam-
aged Vehicle. The person in charge of any gar-
age or repair shop to which is brought any motor
vehicle which shows evidence of having been in-
volved in a serious accident or struck by any
bullet shall report to the nearest Insular Con-
stabulary station within 24 hours after such. motor
vehicle is received, giving the engine number, reg-
istration number, and the name and address of the
owner or operator of such vehicle.
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ARTICLE V
DR 1 VINCI WHILE INTOXICATED AND REC K LESS
DRIVING
SECT ION 12. Persons Under the Influence of In-
toxicating Liquor or Narcotic Drugs. It shall be
unlawful for any person who is an habitual. user of
narcotic drugs or any person who is under the
influence of intoxicating liquor or narcotic drugs
to drive any vehicle upon any highway within
the Trust Territory. Any person violating this
provision shall be guilty of a felony.
SECTION 13. Reckless Driving. It shall be un-
lawful. for any person to drive any vehicle upon
a highway carelessly and heedlessly in wilful or.
wanton disregard of the rights or safety of others,
or without due caution and circumspection and
at a speed or in a manner so as to endanger or be
likely to endanger any person or property.
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ARTICLE VI one-way highways, the driver of a vehicle shall
drive the same upon the right half of the highway
except when the right half is impassable or when
overtaking and passing another vehicle.
SEcTioN- 18. Overtaking aVehicle. The driver
of a vehicle overtaking another vehicle proceeding
in the same direction shall give audible warning
with his horn, pass to the left thereof at, a safe
distance and shall not again drive to the right side
of the highway until safely clear of such over-
taken vehicle. The driver of a vehi0e shall not
overtake and pass another vehicle prOceeding in
the same direction unless the left sidO is clearly
visible and free of oncoming traffic for a distance
of five hundred (500) feet.
SPEED RESTRICTIONS
SECTION 14. Restrictions as to Speed. No per-
son shall drive a vehicle upon a highway at a
speed greater than is reasonable and prudent,
having due regard to the traffic, surface, and width
of the highway and the hazard at intersections
and any other conditions then existing.
a. Any person who drives a vehicle upon a
highway at a speed in excess of that indicated as
follows for the particular location shall be guilty
of a misdemeanor. Said indicated speeds are as
follows:
(1) Fifteen Miles Per Hour: When passing a
school building or the grounds thereof during
school recess or while children are going to or
'leaving school during opening or closing hours;
when passing a church on Sunday morning;
when passing public processions or assemblages
on or near any highway.
(2) Twenty Miles Per Hour: In any business
or residence district.
(3) Twenty-five Miles Per Hour: Outside of
business or residence district.
SECTION 15. When Civil Administrators May
indicate Higher Speeds. Civil Administrators in
their respective Districts are hereby authorized
in their discretion to indicate by order higher
speeds than those indicated in Section 14 upon
highways or portions thereof where there are- no
intersections or between widely spaced intersec-
tions ,if signs are erected giving notice of the in-
dicated speed, but Civil Administrators shall not
have authority to indicate by Order a speed in
excess of 35 miles per hour.
SECTION 16. When. Speed Limit Is not Appli-
cable. The speed limits set forth in this act shall
not apply to emergency vehicles when operated in
emergencies and the drivers thereof sound
audible signal by horn, bell, siren or exhaust
whistle. This provision shall not relieve the
driver of an emergency vehicle from the duty
to drive with due regard for the safety of all per-
sons using the street.
ARTICLE VII
DRIVING ON RIGHT SIDE OF HIGHWAY AND OVER-
TAKING AND PASSING
SECTION 17. Drive on Right Side of Highway.
Upon all highways of sufficient width, other than
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ARTICLE VIII
SIGNALS ON STOPPING OR TURNING
SECTION 19. Signals on Stopping or Turning.
The driver of any vehicle upon a highlVay intend-
ing to stop or turn from a direct line shall give
the following hand and arm Signals :
a. Stopping. Extend the left hand and arm
downward from and beyond the left Side of the
vehicle at an angle of 45? from the horizontal.
b. Left turn. Extend the left hand and arm
horizontally from and beyond the left Side of the
vehicle.
c. Right Turn. Extend the left hand and arm
horizontally from and beyond the left 4ide of the
vehicle with forearm extending upward at an
angle of 90') from the horizontal.
ARTICLE IX
RIGHT-OF-WAY
SECTION 20. Right-of-Way Between Vehicles.
a. Vehicles Approaching an Intersection. The
driver of a vehicle approaching an intersection
shall yield the right-of-way to a vehiele which
has entered the intersection. - When two vehicles
enter an intersection at the same time the driver
of the vehicle on the left shall yield to the driver
on the right.
b. Vehicle Turning Left at an Intlersection.
The driver of a vehicle within an intersection in-
tending to turn to the left shall yield to- any ve-
hicle approaching from the opposite direction
which is within the intersection or so close thereto
as to constitute an immediate hazard.
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SECTION 21. Exceptions to Right-of -W ay. ,The
driver of -a vehicle entering a public highway from
a private road or driveway or from any unpaved
road to a paved road shall yield the right-of-way
to all vehicles approaching on such public high-
way or paved road.
a. The driver of a vehicle upon a highway shall
yield the right-of-way to emergency vehicles.
. ARTICLE X
PEDESTRIANS' RIGIITS AND DUTIES
SECTION 22. Pedestrians' Right-of-Way. The
driver of any vehicle shall yield the right-of-way
to a pedestrian on any portion of an unpaved road
or crossing within any marked or unmarked cross-
walk of a paved road.
a. The provisions of this section shall not re-
lieve the driver of a vehicle or the pedestrian from
the duty to exercise due care.
ARTICLE XI
SPECIAL STOPS REQUIRED
SECTION 23. Vehicles Must Stop at Certain
Through Highways. The Civil Administrators
of the respective Districts are hereby authorized
to designate main travel or through highways by
erecting at the entrances thereto from intersecting
highways signs notifying drivers of vehicles to
stop before entering or crossing such designated
highways, or may designate particular intersec-
tions and erect such stop signs at one or more
entrances thereto.
ARTICLE XII
STOPPING-, STANDING, AND PARKING
SECTION 24. Parking. Any person parking any
vehicle, whether attended or unattended, upon
any highway shall park such vehicle as far to the
right thereof as is practicable.
SECTION 25. Stopping or Parking Prohibited in
Specified Places. It shall be unlawful for the
driver of a vehicle to stop, stand, or park such
vehicle, whether attended or unattended, in any
of the following places:
a. Within an intersection.
b. On a crosswalk.
c. Within thirty (30) feet upon the approach
to any official stop sign located at the side of the
roadway.
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d. Within fifteen (15) feet of the driveway en=
trance to any fire station.
e. Within fifteen (15) feet of a fire hydrant.
f. In front of a private driveway.
o? On a sidewalk.
h. Alongside or opposite any street or highway
excavation or obstruction when such stopping,
standing, or parking would obstruct traffic.
i. On the roadway side of any vehicle stopped or
parked at the edge of a highway.
j. At any place where official traffic signs have
been erected prohibiting standing and parking.
ARTICLE XIII
MISCELLANEOUS RULES
SECTION 26. Motor Vehicle Left Unattended.
No person having control or charge of a motor
vehicle shall allow such vehicle to stand on any
highway unattended without first effectively set-
ting the brakes thereon, stopping the motor and
locking said vehicle.
SEtTioN 27. Obstruction to Driver's View or
Driving Mechanism. It shall be unlawful for the
driver of any vehicle to drive the same when such
vehicle is so loaded as to obstruct the view of the
driver to the front or sides or to interfere with
the driver's control over the driving mechanism
of the vehicle. To this end no more than two per-
sons (including the driver) shall be seated in the
front seat of any jeep and no more than three per-
sons (including the driver) shall be seated in the
front seat of all other type vehicles except that
one child under 7 years of age may be seated in
addition to the above.
SECTION 28. Metal Tires. No motor vehicle
with metal tires shall operate on a paved highway
without permission of the Civil Administrator.
SECTION 29. Following Too Closely. The
driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and pru-
dent, having due regard to the speed of such ve-
hicles and the traffic upon and condition of the
highway.
ARTICLE XIV
EQUIPMENT
SECTION 30. Required Lighting Equipment. a.
W henVehicles Must Be Equipped. Every vehicle
upon a highway within the Trust Territory during
the period from a half hour after sunset to a half
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hour before sunrise and at any other time when
there is not sufficient light to render clearly dis-
cernible any person on the highway at a distance
of two hundred (200) feet shall be equipped with
. the required lighting equipment.
b. Head Lamps on Motor Vehicles. Every
motor vehicle, other than a motorcycle or farm
tractor, shall be equipped with two head lamps at
the front of and on opposite sides of the motor
vehicle. Every motorcycle shall be equipped with
at least one and not more than two headlamps.
All headlamps shall produce a driving light
sufficiently clear to render clearly discernible a
person 200 feet ahead, but shall not project a glar-
ing or dazzling light to persons in front of such
headlamp.
c. Rear Lamps and Reflectors. Every motor
vehicle and trailer shall carry at the rear a lamp
which exhibits a red light plainly visible at a dis-
tance of two hundred (200) feet.
d. Lamps on Bicycles. Every bicycle used on
the paved portion of a highway shall be equipped
with a lamp on the front thereof and shall also be
equipped with a reflex mirror on the rear.
e. Carts and Wagons. Every cart or wagon on
a paved highway shall be equipped with a lighted
lamp placed in such a position as to be plainly
visible at a distance of two hundred (200) feet
from both the front and rear thereof.
SECTION 31. Brakes. Every motor vehicle when
operated Upon a highway shall be equipped with
brakes adequate to control the movement of and
to stop and to hold such vehicle, including two
separate means of applying the brakes. .
a. Every motorcycle when operated upon a
highway shall be provided with at least one brake,
which may be operated by hand or foot.
b. All brakes shall be adequate to stop the motor
vehicle within the distance specified for motor
vehicles under regulations ? promulgated by the
Civil Administrator and shall be maintained in
good working order.
SEcTioN 32. Horns and Windshield Wipers.
Every motor vehicle when operated upon a high-
way shall be equipped with a horn in good work-
ing order and a device for cleaning rain or other
moisture from the windshield, which device shall
,be constructed as to be controlled or operated by
the driver of the vehicle.
SEcnoN 33. Inspection of Equipment. The
Civil Administrator and his duly authorized offi-
cers are hereby empowered at all reasonable times
to inspect any motor vehicle to determine its com-
pliance with the equipment provisions of this act.
ARTICLE XV
OPERATORS' LICENSES
SECTION 34. Operators' Liconses and Fees. No
person except those expressly exempted shall drive
any motor vehicle upon a highway in the Trust
Territory unless such person has been licensed as
an Operator under this act. A fee of fifty cents
(50 cents) shall be paid into the treasury of the
Trust Territory for each such license issued. .
SECTION 35. Exemption from License. Every
person in the service of the Army, Navy, or Marine
Corps of the United States or employee of the
United States or the Trust Territory when fur-
nished with an official driver's permit and when
operating an official motor vehicle shall be exempt
from. license under this act.
a. A nonresident over the age of 16 years who
has been duly licensed as an operator in his home
State, Territory, or country and who has in his
immediate possession a valid operator's license
shall be permitted without examination or license
under this act to drive a. motor vehicle upon
the highways of the Trust Territory.
SEcTioN 36. What Persons Shall Not Be Li-
censed. An operator's license shall.not be issued
to any person:
a. Under the age of 16 years;
b. Determined to be an habitual drimkard 0-r
addicted to the use of narcotic drugs;
c. Previously adjudged insane or ' an idiot,
imbecile, epileptic, or feeble-minded ;
d. Afflicted with or suffering from sue i physical
or mental disability or disease as to prevent such
person from exercising ordinary wilt]: oh over a
motor vehicle while operating same.
SECTION 37. Age Limits for Drivers of School
Buses and Public Passenger-Carrying Motor Ve-
hicles. It shall be unlawful for any jirson who
is under the age of 18 years to drive a motor
vehicle while in use as a school bus, or for any
person who is under the age. of 21 years to drive
a motor vehicle in use as a public passenger-
carrying vehicle.
SEcTIoN 38. Instruction Permits and Fees.
Upon receiving from any person over the age of
16 years an application for a temporary instruc-
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tion permit, the Civil Administrator may in his
discretion issue such a permit entitling the ap-
plicant to drive a motor vehicle upon the high-
ways for a period of 60 days when accompanied
by a licensed operator occupying a seat beside the
driver and there is no other person in the vehicle.
A fee of twenty-five cents (25 cents) shall be paid
into the Treasury of the Trust Territory for each
permit issued.
SEGTIoN 39. Application for Operator's License.
Every application for an operator's license shall
state the name, age, sex, and residence address of
the applicant .and whether or not applicant has
heretofore been licensed and if so when and by
what State, and whether or not such license has
ever been suspended or revoked and if so the clat
of and reason for such suspension or revocation.
SECTION 40. Examination of Applicants. The
duly authorized officers of the Civil Administrator
shall examine every applicant for an operator's
license before issuing any such license as to his
physical and mental qualifications to operate a
motor vehicle in such manner as not to jeopardize
the safety of persons or property.
SEeTtoN 41. Register of Operators. The Dis-
trict Secretary shall file every application for an
operator's license and index the same by name and
number and maintain, suitable records of all li-
censes issued and all. applications for licenses
denied, also a record of all licenses which have
been suspended or revoked.
SECTION 42. License To lie Carried. Every per-
son licensed as an operator shall have such license
in his immediate possession at all times when.
driving a motor vehicle.
SECTION 43. Expiration of License.- Every op-
erator's license issued shall be valid for 1 year
from the date of issue unless suspended or revoked
as provided in this act.
SECTION 44. Mandatory Revocation of License.
The court in which the ease is prosecuted shalt
forthwith revoke the license, Of any person upon
conviction of such person of any of the following
crimes:
a. Manslaughter resulting from the Operation
of a motor vehicle;
b. Driving a vehicle while under the influence
of intoxicating liquor or narcotic drug;
c. Conviction or forfeiture of bail upon three
charges of reckless driving all within the pre-
ceding 12 months;
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157
d. Conviction for failure to stop and disclose
identity at the scene of an accident resulting in
the death or injury of another person.
SECTION 45. Discretionary Suspension or Revo-
cation of License. The Civil Administrator may,
in his discretion, suspend or revoke the license of
any person for good cause_ -
a. The Civil Administrator shall not suspend
a license for a period of more than 1 year.
b. Any person whose license is revoked under
this act shall not be entitled to apply for or re-
ceive any new license until the expiration of 1
year from the date such former license was re-
-yoked.
SECTION 46. 'Unlawful to Thine While License
Suspended or Revoked. Any person whose op-
erator's license has been suspended or revoked and
who shall drive any motor vehicle upon the high-
ways of the Trust Territory while such license is
suspended or revoked shall be guilty of a misde-
meanor.
ARTICLE XVI
REGISTRATION OF MOTOR VEHICLES AND TRAILERS
SECTION 47. Duties of the Civil Administrator.
The Civil Administrator is hereby authorized to
adopt and enforce such administrative rules and
regulation.s and to designate such agencies as may
be necessary to carry out the provisions of this
act. He shall also provide suitable forms for ap-
plications, registration cards and all other forms
requisite for the purposes of this act.
SECTION 48. Records. All registration and li-
cense records in the office of the District Secretary
shall be public records and open to inspection by
the public during business hours.
SECTION 49. Accident Reports. The Civil -Ad-
ministrator shall prepare and supply to the Insular
Constabulary and other suitable agencies forms
for accident reports caning for sufficiently de-
tailed information to disclose with reference to a
highway accident the cause, conditions then exist-
ing and the persons and vehicles involved.
SEcTioN 50. Owner ? to Secure Registration,
Every owner of a motor vehicle intended to be
operated upon any highway of the Trust Terri-
tory shall, before the same is so operated, apply
to the Civil Administrator for and obtain regis-
tration thereof.
SECTION 51. Application for Registration. Ap-
plication for the registration of a vehicle shall be
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made by the owner thereof upon the appropriate
form approved by the Civil Administrator and
every application shall be signed by the owner and
contain his residence address and a brief descrip-
tion of the vehicle to be registered, including the
name of the maker, the engine and serial number,
whether new or used.
a. The Civil Administrator shall provide for
the registration of the vehicles located on any
island other than that on which the Civil Adminis-
tration Unit is _located.
b. The owner of any foreign vehicle shall
exhibit such evidence of former registration as
will satisfy the Civil Administrator that the appli-
cant is the lawful owner of the vehicle.
SEcTIoN 52. Register of Applicants To Be Kept
by District Secretary. The District Secretary
shall file each application received, and shall reg-
ister the vehicle therein described and the owner
thereof on index cards as follows:
a. I7nder a distinctive registration number
assigned to the vehicle and to the owner thereof;
b. Alphabetically under the name of the owner.
SECTION 53. Registration Cards. The District
Secretary shall issue to the owner a registration
card which shall contain upon the face thereof
the date issued, the registration number, the name
and address of the owner, also a description of
the registered vehicle, including the engine num-
ber thereof.
SEcTioN 51. Registration Card To Be Carried.
The registration card issued for a vehicle shall at
all times while the vehicle is being operated upon
a highway be carried in the vehicle.
SECTION 55. N1111211Cr Plate. Every owner whose
vehicle shall be registered shall display a number
plate showing the registration number, year and
District. Such plate shall be attached to the rear
of said vehicle.
,
SECTION 56. Renewal of Registration. Every
vehicle registration under this act shall expire on
June 30 each year and shall be renewed annually
upon application by the owner and by payment
of the fees required.
SECTION 57. Registration on Transfer of Ve-
hicle. a. An owner Upon transferring a registered
vehicle shall endorse the name and address of the
transferee and the date of transfer upon the
reverse side of the registration card issued for
such vehicle and shall immediately forward such
card to the District Secretary.
158
b. The transferee, before operating, or permit-
ting the operation of such vehicle upon a highway,
shall apply and obtain the registrationI thereof as
upon an original registration.
l
c. In the event of the transfer by inheritance,
devise or bequest, execution sale, or repossession
upon default in performing the terms, of a lease
or executory sales contract of the title Hr interest
of an owner in a registered vehicle, t e registra-
tion thereof shall expire and said vehic e shall not
be operated upon the highways until 'clad unless
the person entitled thereto shall apply for and
obtain the registration thereof. 1
ARTICLE XVII
VIOLATIONS Or LICENSE AND REGISTRATION
PROVISIONS
SECTION 58. TV/Len Registration Shall be Can-
celled. The Civil Administrator shall nailed the
registration of any vehicle he shall determine is
unsafe or unfit to be operated or is not equipped
as required under this act.
SECTION 59. Violations of License and Regis-
tration Provisions. It shall be unlawful and con-
stitute a misdemeanor for any person tO commit
any of the following acts:
a. To operate upon a highway any motOr vehicle
which is not registered or which does not have
attached thereto the number plate;
b. To display or to have in possession any regis-
tration card or number plate or operator's license
knowing the same to be fictitious or to have been
canceled, revoked, suspended, or altered;
e. To lend to one not entitled thereto any regis-
tration card or number plate or operator' S license;
d. To use a false or fictitious name or address
in any application for an operator's lice* or for
the registration of any vehicle or otherWise corn-
mit a fraud in any such application.
ARTICLE XVIII
REGISTRATION FEES
SECTION 60, Registration Fees. There 'shall be
paid to the District Secretary for the regiStration
of motor vehicles in the amount of ten dollars
($10) for every truck and five dollars ($5) for
jeeps, motorcycles and all other motor Vehicles
except tractors.
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ARTICLE XIX
UNLAWFUL T A KING OR INJURY TO VEHICLE,
SECTION 61. Driving Vehicle Without Owner's
Consent or Proper Authorization. Any person
who shall drive a vehicle, not his own, without
the consent of the owner thereof or a vehicle
belonging to the United States or the Trust Ter-
ritory without proper authorization, without in-
tent to steal the same, shall be guilty of a felony.
SECTION 62. Injuring Vehicle. Any person who
shall willfully break, injure, tamper with or re-
move any part or parts of any vehicle shall he
guilty of a misdemeanor.
ARTICLE XX
PROCEDURE UPON ARREST AND PENALTIES
SEcTioN 63. Procedure Upon Arrest. Whenever
any person is arrested for a misdemeanor under
the provisions of this act, the arresting officer shall
take the name and address of such person and issue
a summons to appear at a time and place to be
specified for a hearing before any official author-
ized to issue a warrant.
a. Where any person shall be arrested and
charged with a felony under the provisions of this
act or? an offense causing or contributing to an
accident resulting in injury or death to any per-
son, or with reckless driving, or with driving while
under the influence of :intoxicating liquor or nar-
cotic drugs, the arresting officer shall take such
person forthwith before any official authorized to
issue a warrant.
SECTION 64. Penalties. a. Penalty for Misde-
meanor. It shall be unlawful and constitute a
misdemeanor for any person to violate any of the
provisions of this act unless such violation is by
this 'act declared to be a felony. Every person
convicted of a misdemeanor shall be punished by
a fine of not more than one hundred dollars ($100)
or by imprisonment for not more than 30 days, or
by both such fine and imprisonment.
b. Penalty for Felony. Every person convicted
of a felony under this act shall be punished by
imprisonment for not more than 1 year, or by
a fine of not more than five hundred dollars
($500), or by both such fine and imprisonment.
159
REPEALER
All regulations, ordinances, orders, or directives
inconsistent with the provisions of this act are
hereby repealed, cancelled and superseded.
Interim Regulation No. 5-51
CONTROL OF FIRES
Section Title
1. Fires to Clear Land.
2. Issuance of Permits.
3. Offenses; Penalties.
SECTION 1. Fires to Clear Land. No fires to
clear laud, including the burning of stumps, logs,'
brush, dry grass or fallen timber, shall be started
without the prior written permission of the Civil
Administrator or his designated agent. Whether
authorized by permit or not, no fires shall be
started during a heavy wind or without sufficient
help present to control the same, and the fire shall
be watched by the person setting it, or by compe-
tent agents of his, until put out.
SlioTioic 2. Issance of Permits. No Civil Ad-
ministrator or agent of a Civil Administrator shall
issue a fire permit except when other methods of
disposal of the material are clearly impracticable.
SEcrioN 3. Offenses; Penalties.
a. Every person.who, without proper and valid
authorization, sets any fire in violation of the
provisions of this act, and every person who
wilfully, maliciously, or negligently sets on fire
or causes to be set on fire any woods, brush,
prairies, grass, grain, or stubble on any lands not
owned, leased, or controlled by him; and every
person who wilfully, maliciously, or negligently
allows a fire to escape from land owned, leased,
or controlled by him whereby any property of
another is injured or destroyed; and every person
who accidentally sets or causes to be set any fire
on land not owned, leased, or controlled by him,
or sets or causes to be set any fire on land owned,
leased, or controlled by him, which spreads to the
land of another, and allows such fire to escape
from his control without using every effort to
extinguish it, shall be deemed guilty of a mis-
demeanor and liable to be fined not more than
one hundred dollars ($100) or imprisoned for a
period Of not more than 6 months, or both.
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b. Setting such fires or causing or procuring
them to be set or allowing theth to escape shall be
prima facie proof of wilfulness, malice, or neg-
ligence under this section : Provided, That nothing
herein contained shall apply to a person who in
good faith sets a back fire to check a fire already
burning: And provided further, That nothing in
this regulation shall be construed to prohibit the
use of wood, brush, grass, or other vegetable fuels
in properly set and controlled cooking, heating,
or industrial fires.
Interim Regulation No. 6-51
ORDERS RESTRICTING RESIDENCE
Section - Title
1. Purpose.
2. Order Restricting Residence; Authority to Issue.
3. Offenses ; Penalties.
4. Review.
SEcTunq 1. Purpose. The purpose of this regu-
lation is to provide the Civil Administration of-
ficers with adequate authority to protect the public
health, safety, morals, and general welfare of the
inhabitants of the municipalities and islands of
the Trust Territory by authorizing the removal
from the municipalities and islands of those in-
dividuals who are visiting these municipalities or
islands or otherwise residing there on a temporary
basis and who do not have adequate means for
their own support, or are engaging in activities
which are prejudicial to the health, welfare, or
morals of the community.
SECTION 2. Order Restricting Residence; Au-
thority to Issue. Each Civil Administrator and
Civil Administration Representative is hereby
authorized and empowered to Order any person
who is not a permanent resident of a municipality
or island and whose presence in the municipality
or island is prejudicial to the .public health, safety
or morals of the municipality or island, to leave
that municipality or island and not return for a
stated period not to exceed one year, except upon
prior written permission of the Civil Adminis-
trator.
SECTION 3. Offenses; Penalties. Any person
who is ordered by the Civil Administrator to leave
a municipality or island and who fails to do so
within a reasonable time after the issuance of such.
order, or who being subject to such an order vio-
lates the provisions thereof, shall be guilty of . a
misdemeanor and, upon conviction, may be con-
fined for a period of not more than 6 months or
fined not more than one hundred dollars ($100).
Trials for this offense may be heard only by a
District Court.
SECTION 4. Review. Copies of each order is-
sued under the provision of this regulation, to-
gether with a complete explanation and, where
appropriate, affidavits of witnesses, shall be for-
warded to the High Commissioner within 3.
days of its issuance. The High CoMmissioner
may confirm, modify, or revoke the order. Orders
not supported by sufficient evidence to convince the
High Commissioner that the Civil AdMinistrator
had reasonable grounds for issuing the 'order will
be revoked. The person to whom an order is is-
sued must be advised that he has thd right to
make a statement to be forwarded to The I-Egh
Commissioner for consideration with the order on
review, or to petition the High CommisSioner for
revocation of the order at any time, and must
acknowledge in writing that he has been so ad- ,
vised.
Interim Regulation No. 7-51
CONTROL OF SHIPPING
Section Title
1. Definitions.
2. Permission to Enter Territorial Waters.
3. Innocent Passage.
4. Inspection.
5. Examination of Hovering Vessels.
6. Ports Issuing Entry Permits.
7. Report and Entry.
8. Unlawful Acts.
9. Penalty, Seizure, and Forfeiture: Procedure.
10. Seizure and Forfeiture: Procedure.
a. Prosecution.
b. Custody.
c. Notice.
0.
e. Forfeiture and Sale.
f. Disposition of Proceeds.
SECTION 1. Definitions. As used in this regula-
tion, the following terms shall have the Meanings
respectively ascribed to them in this se4ittn.
a. Unlicensed Vessel. Any vessel not operating
under license, grant, or other express permission
of the High Commissioner of the Trust Territory,
except public vessels traveling under proper orders
and not engaged in commercial activities, and
small vessels belonging to one or more persons
indigenous to the Trust Territory.
b. Innocent Passage. Navigation through ter-
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ritorial waters for the purpose either 01 traversing
it bona fide enroute from one point to another on
the usual course for such travel, wind and weather
permi.tting, without entering inland waters, or of
proceeding to inland waters at a port of entry, or
of making for the high sea from inland waters,
and includes stopping or anchoring only if inci-
dental to ordinary navigation or in an emergency.
c. Territorial Waters. For the purpose of this
regulation, the territorial waters of the Trust Ter-
ritory shall include that part of the .sea compre-
hended within the envelope of all arcs of circles
having a radius of 3 marine miles drawn from all
points of the barrier reef, fringing reef, or other
reef system of the Trust Territory, measured from
the .low water line, or, in the absence of such reef
system, the distance to be measured from the low
water line of any island, islet, atoll, reef, or rocks
within the jurisdiction of the Trust Territory.
d. Hovering Vessel. Any unlicensed vessel
which if found or kept off any island, islet, atoll,
or reef of the Trust Territory, within the terri-
torial waters of the Trust Territory if, -from the
history, conduct, character, or location of the ves-
sel, it is reasonable to believe that such vessel is
being used or may be used to violate any of the
provi, Ons his regulation or any law or regula-
tion of the Tru t Territory.
:( SECTION emission to Enter T erritorialW a-
tars ept for innocent passage, stress of
weather or force majeur, it shall be unlawful for
any unlicensed vessel to enter into the territorial
waters of the Trust Territory without first receiv-
ing permission to enter from an officer or agent of
the Government of the Trust Territory.
SEcTioN 3. Innocent Passage. Nothing in this
regulation shall be construed as limiting the right
of innocent passage through the territorial waters
of the Trust Territory. Passage is not innocent
when any vessel makes use of the territorial waters
of the Trust Territory for the purpose of doing
any act prejudicial to the security, public policy,
or economic interests of the Trust Territory.
SECTION 4. Inspection. The Civil Administra-
tors or their duly authorized representatives may
at any time go on board any unlicensed vessel
found within the territorial waters of the Trust
Territory and, if there is reason to suspect that
such vessel is violating any laws or regulations of
the Trust Territory, to examine the manifest and
other documents and papers, and examine, inspect,
974662-51-12
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045R0 0010030001
WeiNcl8fRe vessel: miff wver-y- part-Thereof and
any person, trun.1, package or cargo on board,
and to this end may hail and stop such vessel, and-
use all necessary force to compel compliance.
SEurrox 5 Examination of Hovering Vessels.
Any hovering vessel found within the territorial
waters of the Trust Territory may at any time be
boarded and examined by any Civil Administrator
or his duly authorized representative and in ex-
amining the same, such officer may also examine
the master or other person having the command
or charge of such vessel upon oath, respecting the
cargo and voyage of the vessel and may also bring
the vessel into the most convenient port of the
Trust Territory to examine the cargo, and if the
master or other person having the command or
charge of such vessel refuses to comply with the
lawful directions of such officer, or does not truly
answer such questions as are put to him respecting
the vessel, its cargo, or voyage; he shall be liable
under section 9 of this regulation. If upon exami-
nation of any such vessel or its cargo or the master,
officers, crew members or passengers by any proper
officer, sufficient evidence is found to satisfy the
inspecting officer that the master or any passenger,
officer, or crew member has been engaged in any
unlawful act within the territorial waters of the
Trust Territory or its actively planning to engage
in such unlawful act, the vessel and the persons
so engaged shall be subject to the penalties pro-
vided by section 9 of this regulation or other ap-
plicable laws of the Trust Te'rritory.
SECTION 6. Ports Issuing Entry Permits. The
Civil Administrators of the respective districts
are hereby authorized to issue entry permits, as
prescribed by the High Commissioner, at the fol-
lowing ports of entry:
Saipan District: Titnapag Harbor,. Saipan.
Palau District:
Malakal Harbor, Koror.
Tomil Harbor, Yap.
Truk District: Moen Anchorage, Moen.
Ponape District: Ponape Harbor, Ponape.
Marshall Islands District:
Kwajalein Anchorage, Kwajalein.
Darrit Anchorage, Majuro.
- SECTION 7. Report and Entry. The master or
other person having the command or charge of
any unlicensed vessel, shall, on entry of such
vessel into any of the ports designated in Section
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6, file a manifest in a form to be prescribed by the
High Commissioner of the Trust Territory and
signed by such master Or other person having the
command or Charge of said vessel under oath as
to the truth of the statements therein contained.
Such manifest shall contain:
a. The name, description, and build of the
vessel, the true measure or tonnage thereof, the
port to which such vessel belongs, and the name of
the master of such vessel;
b. A detailed account of all merchandise, if any,
on board such vessel;
e. An account of the sea stores and ship's stores
on board the vessel;
d. The names of all crew members and passen-
gers aboard such vessel;
e. A statement by the master or other person
having the command or charge of said vessel as
to the purpose of entry and approximate duration
of stay in the territorial or inland waters of the
Trust Territory.
SECTION 8. Unlawful Acts. It shall be unlaw-
ful for any vessel to engage within the territorial
waters of the Trust Territory in fishing, the
harvesting of trochus, the removal of scrap iron or
other mineral resources, or other removal of the
animal, vegetable, marine or mineral resources
of the Trust Territory without authorization by
an officer or agent of the Government of the
Trust Territory.
SEMON 9. Penalty, Seizure and Forfeiture. If
any master or other person having the command .
or charge of a vessel fails to comply with the pro-
visions of this regulation, or obstructs or inter-
feres with the exercise of any power conferred by
this regulation, or engages in any unlawful act
under this regulation, he shall be fined not more
than ten thousand dollars ($10,000) or imprisoned
not more than 2 years, or both; such vessel, to-
gether with her tackle, apparel, furniture, and
equipment shall be Subject to seizure and for-
feiture to the Trust Territory under the pro-
cedures of the next following section of this regu-
lation.
SEcTioN 10. Seizure and Forfeiture; Procedure.
a. Prosecution. The District Attorney for the Dis-
trict in which any violation of this regulation
occurs shall immediately inquire into the facts
of the case reported to him by the Civil Admin-
istrator of such District or other proper officer
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and if it appears probable that any penalty or
seizure and forfeiture has been incurred by reason
of such violation, shall forthwith cause the proper
proceedings to be commenced and prosecuted,
without delay, for the recovery of such Penalty
or seizure and forfeiture in the District Court of
the Trust Territory.
b. Custody. Any foreign vessel, together with
her tackle, apparel, furniture, and e ijuipment
seized shall be placed and remain in the custody of
the Civil Administrator for the District in which
the seizure was made to await disposition accord-
ing to this regulation.
c. Notice. The owner of the -foreign vessel
shall be given due notice of the seizure and for-
feiture proceedings.
d. Claims. Any person claiming snch vessel
may at any time within 45 days after seizure file
with the Civil Administrator reporting the case
a claim stating his interest therein. Upon the
filing of such claim, the Civil Administrator shall
transmit such claim to the District Attorney prose-
cuting the case who shall bring condemnation
proceedings against the vessel, together with her
tackle, apparel, furniture, and equipment in the
District Court of the Trust Territory. Said
claimant shall, upon satisfactory proof that the
violation occurred without his knowledge or any
wilful negligence .on his part, be entitle?to a re-
turn of said vessel, together with her tackle, ap-
parel, furniture, and equipment.
e. Forfeiture and Sale. If, after due process
of law, the Court, having dismissed the 'Claims of
any possible claimants under the innnediately
preceding subsection, finds in favor of the libelant,
the Court shall declare the vessel, together with
her tackle, apparel, furniture, and e,quipMent for-
feited and shall order the sale of same at public
auction, or shall order the ship forfeited to the
High Commissioner for the use of the Trust
Territory.
f. Disposition of Proceeds. The proceeds of
the sale shall be disposed of as follows:
(1) For the payment of all proper expenses of
the proceedings of forfeiture and sale, including
expenses of seizure, maintaining the custody of
the vessel, advertising, and court costs;
(2) The residue, if any, shall be deposited with
the Treasurer of the Trust Territory as a naviga-
tion fine.
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Interim Regulation No. 8-51
JUDICIAL CODE AND LAW ENFORCEMENT
Chapter I-SHERIFFS AND DEPUTY SHERIFFS
Section Titles
1. Sheriffs:
a. Creation of Office.
b. Appointment.
c. Term; Removal.
2. Duties and Responsibilities:
a. Law Enforcement.
b. Head of Police Force in District.
c. Head of Territorial Prisons and Jails in Dis-
trict.
d. Service and Execution of Process.
e. Attendance upon Courts.
3. Deputy Sheriffs:
a. Creation of Office.
b. Appointment.
c. Term; Removal.
d. Duties, Authority, and Responsibility.
Chapter II-IS STJAN CE AND SERVICE OF PROCESS
4. Issuance of Process:
a. Definition.
b. General.
c. Designation of Private Persons.
5. Service and Execution of Process.
6. Return of Service or Execution.
7. Liability of Sheriffs.
Chapter HI-OFFENSES, PENALTIES
8. Offenses; Penalties:
a. Interference with Service of Process.
b. Concealment, Removal or Alteration of Record
or Process.
Chapter IV-FEES AND COSTS
9. Fees:
a. Service of Process.
b. Execution and Sale.
c. Caring for SeiZed Property.
10. Prepayment of Fees for Serving Process.
11. Disposition of Fees for Serving Process.
12. Witness Fees for ?Travel.
13. Witness Fees for Subsistence.
14. Effect of Failure to Tender Sufficient Witness Fees,
15. Clerk of Courts Fees:
a. Fees:
(1) Notice of Appeal.
(2) Copy of Records.
(3) Transcript of Stenographer's Notes.
b. Prepayment of Fees.
16. Disposition of Clerk's Fees.
17. Allocation of Costs.
Chapter V-ATTACIIMENTS
18. Issuance of Writs of Attachment.
19. Release and Modification.
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Chapter VI-ENFORCEMENT OF J U DGMENTS
Section Title
20. Money Judgments.
21. Judgments Affecting Land.
22. Other Judgments.
23. Other Methods of Enforcement.
Chapter VII-EXECUTION 5
24. Issuance of Writs of Execution.
25. Levying Execution:
a. Demand of Payment; Seizure of Property.
b. Notice of Sale.
c. Sale; Procedure; Disposition of Proceeds.
d. Postponement of Sale.
e. Completion of Sale by Person other than one
making Levy.
26. Exemptions:
a. Personal and Household Goods.
b. Necessities for Trade or Occupation.
c. Land and Interests in Land.
Chapter VIII--OnnEns IN AID OF JUDGMENT
27. Application for Order.
28. Hearing.
29. Modification of Orders.
30. Punishment of Violations.
31. Stay of Execution.
32. Application to Community or Justice Court.
Chapter IX-HABEAS CORPUS
33. Power to Grant Writs of Habeas Corpus.
34. Application.
35. Action by Clerk of Courts.
36. Issuance of Order of Notice, Return, Hearing.
37. Preliminary Examination and Recommendation by
Judge of Justice Court.
38. Issuance or Denial of Writ; Decision.
39. Evidence, Written Statements Under Oath.
40. Appeals.
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Chapter X. PROCEEDINGS BY PERSONS UNABLE TO PAY FEES
41. Authorization to Proceed without Prepayment of Fees.
42. Officers to Perform Ordinary Functions and Witnesses
Attend in such Cases.
43. Dismissal.
44. Witnesses for an Accused Unable to Pay Pees in
Criminal Case.
Chapter XL-LIMITATION OF ACTIONS
45. Presumption of Satisfaction of Judgment.
46. Limitation of Twenty (20) Years.
47. Limitation of Two (2) Years.
48. Actions by or Against the Estate of a Deceased Person.
49. Limitation of Six (6) Years.
50. Disabilities.
51. Mutual Account.
52. Extension of Time by Absence from the Trust Ter-
ritory.
53. Extension of Time by Fraudulent Concealment.
54. Effect upon Existing Causes of Action.
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tion, and duties of the force. Members of the
terrritorial police force may be deputy sheriffs.
c. Head of Territorial Prisons and VJ ails in
District. The sheriff shall be the head of prisons
and jails for the district. As such he shall be
responsible to the civil administrator and .he High
Commissioner for the proper operation Of all ter-
ritorial jails and prisons. located in his district and
for the receipt and proper treatment, housing,
feeding, and clothing of all prisoners cOmmitted
to his charge.
d. Service and Execution of Process. A sheriff
shall promptly serve or execute every lawful
process directed to him by a civil administration
court or an official authorized to issue process. De-
livery of a process directed to a sheriff or to a
deputy sheriff shall be considered delivery to the
sheriff and, subject to the directions of the sheriff,
the deputy receiving such process shall proceed to
execute the same without delay.
e. Attendance upon Courts. When commanded
by the court, the sheriff shall personally attend
any session of the Court of Appeals or the District
Court held in his district and shall obey all lawful
orders and directions issued by such courfs.
SECTION. 3. Deputy Sheriffs, a. Creation of
Office. There, shall be in each district a sUfficient
number of regularly appointed deputy Sheriffs to
enable the sheriff to carry out his duties promptly
Chapter XIL?MISCELLANEOITS PROVISIONS
Section Title
55. Oral Process and Returns in a Community Court.
56. Effect of Irregularities.
57. Absent Defendants.
58. Venue:
a. General.
b. Admiralty and Maritime.
c. District Court.
d. Change of Venue.
59. Proof of Official Record.
60. Effect of Notice of Appeal.
CHAPTER I
SHERIFFS AND DEPUTY SHERIFFS
SECTION 1. Sheriffs, a. Creation of Office.
There shall be a sheriff for each district of the
Trust Territory who shall be responsible to the
High Commissioner through the. civil administra-
tor of the district.
b. Appointment. Sheriffs shall be appointed
by the High Commissioner from nominations sub-
mitted by the civil administrator of the district.
c. Terms ; Removal. A sheriff shall serve at the
pleasure. of the High Commissioner but not longer
than three years unless reappointed. Each civil
administrator may appoint an acting sheriff to
serve as sheriff in case of death, incapacity or pro-
longed absence of the sheriff. Such acting sheriff
shall serve until removed or until formal appoint-
ment by the High Commissioner, or return of the
sheriff.
SECTION 2. Duties and Responsibilities. a. Law,
Enforcement. It shall be the duty. of each sheriff
and deputy sheriff, acting within the district for
which appointed, and under the, supervision of the
,High Commissioner and the civil administrator,
to preserve the peace; arrest and commit to jail
all felons, traitors, and other misdoers ; to attend
upon the District Court and the Court of Appeals;
to serve original process; to execute and return
mesne and final process; and to enforce compliance
with the laws and directives, regulations, and
orders having the force and effect of law in the
Trust Territory or any subdivision thereof.
b. Head of Police Force in District. The sheriff
shall be the head of the territorial, police force in.
the district for which appointed and as such shall
carry the rank and receive the salary for that
position. He. shall be responsible for supervision
of all members of such force and for carrying out
all directives regarding the organization, opera-
and efficiently.
b. Appointment. Deputy sheriffs shall be ap-
pointed 1.1.T the civil administrator from nomina-
tions made by the sheriff. In an emergency, when-
ever required for the efficient performance of his
duties, the sheriff may appoint special deoities as
required.
c. Term; Removal. Deputy sheriff's shall serve
for two years, unless sooner removed for cause or
by reason of a reduction in force, and May be
reappointed. Persons appointed special deputies
in an emergency shall serve until released by the
officer making the appointment or his superior.
d.. Duties, Authority, and Responsibility. A
deputy sheriff shall act under the direction of the
sheriff and shall have all of the authority and re-
sponsibility of the sheriff when so acting. In the
absence of specific directives and when the sheriff
is not available, as in the case of a deputy on an
outer island, a deputy sheriff shall act in all re-
spects as though he is the sheriff and shall be liable
for his acts or failure to act to the same extent
that a sheriff would be in like circumstances.
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CHAU]: a statement oratt- re-es aria_ expenges charged, shall
ISSUANCE AND SERVICE OF PROCESS
SECTION 4. Issuance of Process. a. Definition..
As used in this regulation, the term "process" shall
include all forms of writs, warrants, summonses,
citations,. libels, and orders used in judicial
proceedings.
b. General. Every process issued by a, civil
administration court shall be directed to a sheriff
of a named district, a named private person, or,
in the case of process issued in a criminal or con-
tempt proceeding, any policeman. A policeman
executing or serving a process in a criminal or
contempt case shall neither charge nor collect
any fees therefor.
e. Designation of Private Persons. The court
issuing any process in any proceeding may
specially appoint and name in the process any
person it deems suitable to execute or serve the
process, except that a witness summons may not
be served by a party or by a person who is less
than 18 years Of age. A private person to whom
a process is directed for service or execution shall,
upon acceptance of the said process, be respon-
sible for the proper execution or service of such
process according to law. No private person shall
be compelled by any court or official to accept a
process directed to him for service or execution.
The special appointments authorized by this sec-
tion shall be used freely when this will effect a
saving of time or expense.
SECTION 5. Service and Execution of Process.
Every official who is made responsible by law for
the service or execution of process and every pri-
vate person who accepts the responsibility for the
service or execution of process, shall serve or
execute such process as prescribed by law within
reasonable time after the receipt of same unless
prevented from doing so by conditions beyond
his control.
SnortoN 6. Return of Service or Execution. A
sheriff and. deputy sheriff s-hall certify, and a
private person shall report under oath, or affirm,
by endorsement on or attached to every process
delivered to him for execution or service, the
manner and time of such execution or service or
the reason for failure to make such execution or
service. The process so endorsed, together with
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be returned without delay to the court or official
by which issued. In no event shall the process be
returned later than the date specified by the issu-
ing court or official. ? ?
SECTION 7. Liability of Sheriffs. Sheriffs shall
not be liable for any damages resulting from the
lawful execution of the duties imposed by this
regulation or any other law of the Trust Terri-
tory but they shall act upon their own private
accountability for all excesses of their official pow-
ers and for any departure from the lawful provi-
sions of any process in their hands. A sheriff or
deputy 'sheriff to whom any lawful process is de-
livered shall be personally liable for any damages
caused by his failure to serve or otherwise execute
the same with reasonable diligence.
CHAPTER III
OFFENSES, PENALTIES
SECTION 8. Offenses; Penalties.
a. Interference with Service of Process. Who-
ever knowingly and wilfully obstructs, resists, or
opposes any sheriff or deputy sheriff, or other
person duly authorized, in serving or executing,
or attempting to serve or execute any process is-
sued by any civil administration court or official
authorized to issue the same, or whoever assaults,
beats or wounds any sheriff, deputy sheriff, or other
person duly authorized, knowing him to be such.
officer, or other person so duly authorized, in serv-
ing or executing any such process shall be guilty of
obstructing justice and upon conviction thereof,
shall be imprisoned for a period of not more than
one (1) year or fined not more than one thousand
dollars ($1,000), or both.
b. Concealment, Removal or Alteration of Rec-
ord or Process. Whoever wilfully and unlawfully
conceals, removes, takes away, mutilates, obliter-
ates, alters or destroys, or attempts to do so, or
wilfully takes and. carries away record or process
in or from any civil admiidstration court or offi-
cial authorized to issue or serve the same, shall be
guilty of tampering with judicial records or proc-
ess, as the case may be, and upon conviction there-
of shall be imprisoned for not more than five (5)
years or fined not more than one thousand dollars
($1,000), or both.
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CHAPTER IV
FEES AND COSTS
SECTION 9. Fees. Each sheriff, or other person
authorized to execute or serve process, shall, ex-
cept as provided in Section 5 (a) hereof, be entitled
to collect the following fees for duties performed
by him:
a. Service of Process. For serving any form
of process, $1 plus 3 cents per mile for any travel
actually performed and necessary in connection
with the service. Any process delivered to the
sheriff or any deputy sheriff shall be sent by him
to a deputy sheriff who is located where he can
serve it more quickly or with less travel.
b. Execution and Sale. For levying a writ of
execution and making a sale thereunder, the fees
provided above for serving of any process, plus
$5 for conducting the sale, and 5 cents for every
dollar collected up to $50, and 2 cents for every
dollar collected over $50.
c. Caring for Seized Property. In addition to
the above, any sheriff shall be allowed for caring
for any property seized under an attachment or
levy of execution, his actual, reasonable and neces-
sary expenses, providing however that no care-
taker or watchman shall be allowed in excess of
$1 for each twelve (12) hours of service.
SEcTioN 10. Prepayment of Fees for Serving
Process. Except when the process is issued on
behalf of the Trust Territory of the Pacific Islands
or an officer or agency thereof or under Chapter
VIII hereof, any sheriff, or other person author-
ized to serve or execute process, may require the
person requesting him to act to prepay his fees
and estimated expenses or give reasonable security
therefor before serving or executing any process.
SECTION 11. Disposition of Fees for Serving
Process. Each sheriff, or other person authorized
to serve or execute process, shall be entitled to
retain for his own use the fees above authorized,
providing he is not a salaried employee of the
United States of America or the Trust Territory
of the Pacific Islands or of any civil administra-
tion unit, as a member of the Insular Constabulary
or otherwise, when the services are performed. If
he is such a salaried employee, he shall remit
monthly to the Treasurer of the Trust Territory
all fees collected for services and travel in serving
or executing process, less any reasonable expenses
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actually paid by him personally for travel con-
nection 'with these duties. Being a salaried em-
ployee of a municipality, however, shall not
prevent a sheriff, deputy sheriff, or other author-
ized person from retaining his fees for his own
use.
SECTION 12. Witness Fees for Travel. Except
as hereinafter provided, every person summoned
as a witness in any judicial proceeding shall be
entitled to receive 3 cents per mile for going from
and returning to his place of residence or usual
place of business or employment, whichever is
nearer, to the place where he is summoned to ap-
pear as a witness, unless suitable transportation is
provided without expense to him. Except as
otherwise provided by section 44 hereof, .this
mileage shall be paid by the party on whose behalf
the witness summons is issued, for each trip the
witness is reasonably required to make. Except
when the witness summons is issued on behalf of
the Trust Territory of the Pacific Islands or an
officer or agency thereof or under chapter VIII
hereof, the mileage for one round trip shall be
tendered to the witness at the time the witness
summons is served, and the mileage for any further
trips required shall be tendered in advance of each
trip.
SECTION 13. Witness .Fees for Subsistence. In
any case in which a witness has been summoned
to attend before any civil administration court
and it is necessary for him to remain in attendance
for more than one (1) day at a point so far re-
moved from his residence or usual place of busi-
ness or employment as to prohibit return thereto
from day to 'd.ay, the court before whom he has
been summoned may determine the amount
reasonably needed to cover the witness' subsis-
tence per day while in attendance, and this sum
shall be tendered to the witness in advance by the
party on whose behalf the witness summons was
issued, except when the summons is issued under
chapter VIII hereof.
SECTION 14. Effect of Failure To Tender Suffi-
cient TVitness Fees. The failure to tender this
mileage or sum for subsistence, or any part of
either or both, however, shall not exempt the
witness from complying with the summons if he
has the means to comply. Any question as to the
sufficiency of the amount tendered shall be brought
promptly to the attention of the court or official
before whom appearance is required, Ni.-h.o is
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hereby authorized to make such order as to pay-
ment of the witness fees herein provided as is
just.
SECTION 15. Clerk of Courts Fees. a. Fees.
Each Clerk of Courts shall charge and collect the
following fees:
(1) Notice of Appeal. For filing of notice of
appeal. to a Court of Appeals, except in criminal
proceedings, $5. No fees shall be charged for
filing of notice of appeal in any criminal
proceeding.
(2) Copy of Records. For a copy of any record,
entry, or other paper in his custody, comparison
thereof, and certifying it to be a true copy, 25
cents plus 10 cents for each hundred words in
excess of the first hundred. No charge, however,
shall be made for any copies of its own records
or papers filed with it, which are required by the
court or by any other court upon review or appeal.
(3) Transcript of Stenographer's Notes. For
a transcript of the whole or any part of steno-
graphic notes of any trial or hearing which the
court has not required to be transcribed, 25 cents
per hundred words.
b. PrePayment of Fees. The Clerk shall re-
quire the prepayment of the above fees or a deposit
to cover the estimated amount thereof, except
in proceedings authorized under chapter VIII
hereof.
SECTION 16. Disposition of Clerk's Fees. All
fees collected hereunder by any Clerk of Court
shall be remitted monthly to the Treasurer of the
TrustTerritory of the Pacific Islands.
SECTION 17. Allocation of Costs. All fees and
expenses paid or incurred hereunder for the serv--
ice of process, witness fees, or filing fees on appeal,
by any party prevailing in any matter other than
,a criminal proceeding, shall be taxed as part of
the costs against the losing party or parties unless
the court shall otherwise order, except as herein--
after provided. The court may in addition allow
and tax as part of the costs any other item of cost
or actual disbursement, other than fees of counsel,
which it deems just and finds has been necessarily
incurred in the case for services which were actu-
ally and necessarily performed. No fees paid to
a witness who is a party in interest and is called
and examined on his own behalf or on behalf of
others jointly interested with him shall be allowed
or taxed as cost. Where there is more than one
prevailing or losing party, the court may appor-
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ton the costs as it (Teems - rar costs shall be
taxed against the United States of America or
the Trust Territory of the Pacific Islands.
167
CHAPTER V
ATTACHMENTS
SECTION 18. Issuance of Writs of Attachment.
Writs of attachment may be issued only by the
District Court for special cause shown, supported
by statement under oath. Such writs when so
issued shall authorize and require the Sheriff,
Deputy Sheriff, or other person named therein,
to attach and safely keep so much of the personal
property of the person against whom the writ is
issued, not exempt from attachment, as will be
sufficient to satisfy the demand against him set
forth in the action, including interest and costs,
excepting any kinds or types of personal property
which the court may specify in the writ. Debts
due to the defendant may be similarly attached
by special order issued by the District Court which
shall exempt from the attachment so much of any
salary or wages as the court deems necessary for
the support of the person against whom the order
is iasued or his dependents.
SEcTioN 19. Release and Modification. The
District Court may upon application of either
party or of its own motion, make and from time
to time modify, such orders as it deems just, for
the release- of property from attachments, or for
the sale thereof, if perishable, or if the owner of
the property shall so request and for the safekeep-
ing of the proceeds of the sale.
CHAPTER VI
ENFORCEMENT OF JUDGMENTS
SECTION 20. Money Judgments. The process to
enforce a judgment for the payment of money may
be a writ of execution or an order in aid of
judgment, as hereinafter provided.
SECTION 21. Judgments Affecting Land. A
judgment adjudicating an interest in land shall,
after the time for appeal therefrom has expired
without notice of appeal being filed or after any
appeal duly taken has been filially determined or
after an order has been entered that an appeal
shall not stay the judgment, operate to release
or transfer any interest in land in accordance
with the terms of the judgment, when a copy
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thereof, certified by the Clerk of Courts, or any
judge of the court, is recorded in the office of the
Clerk of Courts for the district in which the land
lies.
SECTION 22. Other Judgments. Judgment for
any form of relief other than the payment of
money or the adjudication of an interest in land
may, after the time for appeal therefrom has
expired without notice of appeal being filed or
after any appeal duly taken Ii as been finally de-
termined or after an order has been entered that
an appeal shall not stay the judgment, be enforced
by contempt proceedings. Upon conviction in
these proceedings, the person against whom the
judgment has been rendered may be imprisoned
until he or she complies with the judgment or is
released by the court or has been imprisoned for
six (6) months, whichever happens first.
SECTION 23. Other Methods of Enforcement.
Enforcement of judgment may also be affected,
if the District Court deems justice requires and
so orders, by the appointment of a receiver, or
receivers, to take possession of property and dis-
pose of it in accordance with the orders of the
courf, or by a civil action on the judgment, or in
any other manner known to American common
law or common in courts in the United States.
CHAPTER VII
EXECUTIONS
SECTION 24. Issuance of Writs of Execution.
Every civil administration court, at the request
of the party recovering any civil judgment in
that court for the payment of money shall, at any
time after the time for appeal therefrom has ex-
pired without notice of appeal being file, or after
any appeal duly taken has been finally' determined,
or after an order has been entered that an appeal
shall not stay the judgment, issue a writ of execu-
tion against the personal property of the party
against whom the judgment has been rendered,
except as hereinafter provided.
SECTION 25. Levying Execution. Every sheriff
or other person duly authorized receiving a writ
of execution issued by any civil administration
court, shall levy or cause a sheriff to levy execu-
tion as follows:
a. Demand of Payment; Seizure of Property.
He shall demand of the person against whom the,
execution is issued, if he may be found within the
168
municipality where the levy is being attempted,
that the person pay the execution or exhibit suffi-
cient property subject to execution to satisfy the
execution. If the person has property of a kind
exempt from execution but to an amount exceeding
the exemption, he may select the portion of this
property provided by law which he desires to re-
tain under the exemption, providing he makes this
selection known promptly to the person making
the levy. Otherwise the person making the levy
shall make the selection. If the persdn. against
Whom the execution is issued does not pay the
execution in full, including interest and costs and
expenses thereof, the person making the levy shall
take into his possession property of the person
against whom the execution is issued, nOt exempt
from execution, sufficient in his opinion_ to cover
the amount of the execution. He shall take first
any property under attachmen t in the action in
which the execution was issued. Next, 'property,
if any, indicated by the person against tmhoin the
execution was issued. He may, if be thinks best,
remove the property to. a safe place, or place :a
caretaker in charge of it. lie shall make a list of
the property levied upon.
b. Notice of Bale. The person making the levy
shall, after levy, give public notice at least seven
(7) days in advance of the time and phnie of sale,
by notifying the magistrate of the municipality
or municipalities in which the levy was Made, by
posting a written notice of the sale in a conspicuous
place at or near the municipal office in the munici-
pality in which the sale is to be held, and notifying
the person against whom the execution is issued,
if he can be found within the municipality or
municipalities where the levy was made, cir notify-
ing any agent who had custody of the property
levied upon at the time of levy.
c. Sale; Procedure; Disposition of P roceeds.
The person making the levy on the day and at the
place set for the sale, unless payment has been
made of the amount of the judgment and interest
and the costs' and expenses in connection With the
levy, shall sell the property levied upon at public
auction, to the highest bidder. He shall deduct
from the proceeds of the sale, first, sufficient money
for the full payment of his fees and expenses., and
then pay the person in whose favor the execution
was issued, or his counsel, such balance as 'remains
up to the amount due on the execution. If there
are any proceeds of the sale left after the deduc-
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tion and payment directed above, such remaining
proceeds shall be paid over to the person against
whom the execution was issued. The person
making the levy shall then return the writ to the
court with a report of his doing thereon, showing
the amounts collected and paid out thereon.
d. Postponement of AS ale. If at the time ap-
pointed for the sale the sheriff, deputy sheriff, or
other person duly authorized, making the sale
thinks best for the interest of all persons con-
cerned, he may postpone the sale from time to
time until the sale shall be completed, giving notice
of every such postponement by public statement
made at the time and place previously appointed
for the sale.
e. Completion of Side by Person other than one
making Levy. If a sheriff, deputy sheriff, or other
person duly authorized starts to levy execution as
above provided and for any reason is prevented
from or fails to complete the matter, any sheriff,
deputy sheriff, or other person duly authorized.
may complete the levy, sale, and payment of pro-
ceeds as above provided.
SECTION 26. Exemptions. The following de-
scribed property shall be exempt from the at-
tachment and execution:
a. Personal and Household Goods. All neces-
sary household furniture, cooking and eating
utensils, and all, necessary wearing apparel, bed-
ding, and provisions for household use sufficient
for four (4) months.
b. Necessities for Trade or Occupation. All
tools, implements, utensils, two draft animals, and
equipment necessary to enable the person against
whom the attachment or execution is issued, to
carry on hi.s usual occupation.
c. Land and Interests in Land. All interests in
land- but any interest owned solely by a jridgment
debtor, in his own right, except a homestead ac-
quired by patent from the government of the Trust
Territory, may be ordered sold or transferred
under an order in aid of judgment if the court
making the order deems that his justice so requires
and finds as -a fact that after the sale or transfer,
the debtor will have sufficient land remaining to
support himself and those persons directly de-
pendent on him according to recognized local cus-
tom and the law of the Trust Territory. No person
not an indigenous inhabitant of the Trust Terri-
tory may acquire any interest in such land, by sale,
transfer, or otherwise, except with the prior ap-
proval of the High Commissioner.
CHAPTER VIII
ORDERS IN AID OF JUDGMENT
SECTION 27. Application for Order. At any
time after a. finding for the payment of money by
one party to another, and before any judgment
based thereon has been satisfied in full, either of
these parties may apply to tire court for an order
in aid of judgment. Thereupon the court, after
notice to the opposite party, shall hold a hearing
on the question of the debtor's ability to, pay and
determine the fastest manner in which the debtor
can reasonably pay a judgment -based on the find-
ing. In making this determination the court
shall allow the .debtor to retain such property and
such portion of his income as may be necessary to
provide the reasonable living requirements of the
debtor and his dependents, including fulfillment
of any obligations he may have to any clan, lin-
eage, or other similar group, in return for which
he, or his dependents, receive any necessary part
of the food, goods, shelter or services required for
their living.
SECTION 28. Hearing. At the above-mentioned
hearing the debtor may be examined orally before
the court, or the. court may refer the examination
to a single judge of the court or to a master, to
take evidence and report his findings. In either
case any evidence properly bearing on the ques-
tion may be introduced by either party or by. the
court, the single judge or master, in the. same man-
ner as at the trial of a civil action. Upon having
heard the evidence or having received the report
of the single judge or master, the court shall make
such order in aid of judgment as is just for the
payment of any judgment based on the finding,
provided however that no payment shall be re-
quired until after the time for appeal from the
judgment has expired without notice of appeal
being filed or after any appeal duly taken has been
finally determined or after an order has been en-
tered that an appeal shall not stay the judgment.
This order in aid of judgment may provide for
the transfer of particular assets at a price deter-
mined by the court, or for the sale of particular
assets and payment of the net proceeds to the
creditor, or for payments, in specified instalments
or particular dates or at specified intervals, or for
any other method of payment which the court
deems just.
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SECTION 29. Modification of Orders. Any order
in aid of judgment made under this chapter may
be modified by the court as justice may require,
at any time, upon application of either party and
notice to the other, or on the court's own motion.
SECTION 30. Punishment of Violations. If any
debtor fails without good cause to comply with
any order in aid of judgment made under this
chapter, he shall be guilty of contempt of court
and upon conviction thereof shall be imprisoned
until he complies with the order or is released by
the court or serves a period of six (6) months im-
prisonment, whichever happens first.
SECTION 31. Stay of Execution. After an ap-
plication for an order in aid of judgment has been
filed in any action, no writ of execution shall be
issued therein except under an order in aid of
judgment made in accordance with this chapter
or by special order of the court for cause shown..
If a writ of execution is outstanding, a judgment
creditor applying for an order in aid of judgment
shall file the writ of execution with his application
and a judgment debtor applying for an order in
aid of judgment may request a stay of execution
which may be granted by the court on such terms,
if any, as it deems just.
SEcTioN 32. Application to Community or Jus-
tice Court. A judgment creditor who has obtained
an execution may, instead of applying to the court
in which the action was tried, apply for an order
in aid of judgment to the Community Court within
whose territorial jurisdiction the judgment debtor
lives or has his usual place of business or employ-
ment, if the judgment debtor is subject to the ju-
risdiction of the Community Court; otherwise the
judgment creditor may apply to a Justice Court
within whose territorial jurisdiction the judgment
debtor lives or has his place of business or em-
ployment. The court so applied to shall then pro-
ceed with notice, to the opposite party, hearing,
determination, and the issuance of such order in
aid of judgment as it deems just, as above pro-
vided.
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CIIAPTER IX
HABEAS CORPUS
SECTION 33. Power to Grant Writs of Habeas
Corpus. Writs of habeas corpus may be granted
by a Court of Appeals, the District Court, or any
judge of either court. Every person unlawfully
imprisoned or restrained of his liberty under any
pretense whatsoever, or any person on behalf of
an unlawfully imprisoned individual May apply
for a writ of habeas corpus to inquire into the
cause of such imprisonment or restraint.
SECTION 34. Application. Application for the
writ of habeas corpus shall be made to a court or
judge authorized to issue the same, or to a judge
of the Justice Court or a Clerk of CoUrts, by a
written statement under oath signed by the party
for whose relief it is intended, or by some person
in his behalf. It shall set forth the facts con-
cerning the imprisonment or restraint of the per-
son for whose relief it is intended, and, if known
the name of the person who has custody Over him,
and by virtue of what claim or authority the re-
straint or imprisonment is being practided.
SECTION 35. Action by Clerk of Court: Habeas
Corpus. If the application for a writ Of habeas
corpus is made to a Clerk of Courts, the Clerk
shall, immediately, bring the applicatidn to the
personal attention of a court or judge anthorized
to issue the writ, or a judge of a Justice Court.
SECTION 36. Issuance of Order of Notice, Re-
turn, Hearing ; Habeas Corpus. A court or judge
entertaining an application for a writ o habeas
corpus shall issue an order directing the person
against whom the writ is requested to shOw cause
why the writ should not be granted, unless it ap-
pears from the application that the person de-
tained is not entitled. thereto. The order to show
cause shall be directed to the person having cus-
tody of the person detained. The order shall
set the time and place for hearing, which shall be
as early as the court or judge issuing the order
deems practicable, preferably within three (8)
days. The person to whom the order is directed
shall at or before the time. set for hearing 'make a
return certifying the true cause of the detention
and unless the application for the writ and the
return present only issues of law, the person to
whom the order is directed shall produce at the
hearing the person detained, unless the person is
so sick or so weak that this cannot with safety be
done. The applicant, or the person detained, may,
under oath, deny any of the facts set forth in the
return, or declare any other material facts The
application, the return, and any suggestions made
against either of them may be amended by leave of
the court or judge. If the person to whom the
order is directed does not make a return as 'above
required, or does not appear at the time and place
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set for hearing, the court or Judge may proceed
without him.
SECTION 37. Preliminary Examination and
Recommendation by Judge of Justice Court;
Habeas Corpus. If the application for a writ of
habeas corpus is heard by a judge of a Justice
Court, he shall, without delay or formality, make
preliminary findings of fact and recommendations
as to the issuance or denial of the writ, and the
disposition of the person detained, and submit
these by dispatch or other speedy method, to the
Chief Justice or to the most accessible court or
judge authorized to issue the writ.
-SECTION 38. Issuance or Denial of Writ; De-
cision. A court or judge hearing the application
fora writ of habeas corpus, and authorized to
issue the writ, shall, without delay or formality,
determine the facts, grant the writ uncondi-
tionally, deny the writ, or grant the writ on terms
fixed by the court and discharge the person for
whose relief the application has been brought or
make any order as to his disposition that law and
justice may require. The court- or judge au-
thorized to issue the writ and receiving the report
and recommendations Of a judge of a Justice
Court as above provided, may act upon the matter,
by dispatch or other speedy method, on the basis
of the Justice Court judge's report, or may order
such further hearing or the submission of such
further evidence, if any, as he deems law and
justice require, and the Clerk of Courts of the
district in which the matter is pending shall take.
such action in the matter as the judge or court
may direct.
SECTION 39. Evidence, Written Statements
Under Oath. On application for . a writ of
habeas corpus, evidence may be taken orally or by
deposition, or in the discretion of the court or
judge, by written statement under oath. If writ-
ten statements under oath are admitted, any party
shall have the right to 'propound written, inter-
rogatories to the person who made such statements
or to file answering written statements under oath.
On application for a writ of habeas corpus, docu-
mentary evidence, transcripts of proceedings upon
arraignments, plea, sentence, and a transcript of
the oral testimony introduced on any previous
similar application by or on behalf of the same
person shall be admissible in evidence. The dec-
larations of a return to an order to show cause
171
in a habeas corpus proceeding, if not formally
denied, shall be accepted as true, except to the
extent that the court or judge finds from the evi-
denc' e that they are not true.
SECTION 40. Appeals. In a habeas corpus pro-
ceedings in which the final order is made by the
District Court or a judge thereof or a judge of
the Court of Appeals, the final order shall be
subject to appeal to the -Court of Appeals, pro-
vided notice of appeal is filed within thirty (30)
days after entry of the -final order. The court or
judge issuing the final order may in its or his
discretion, stay execution of the order, admit the
person imprisoned or restrained to bail pending
action by the Court of Appeals, or direct that the
final order take effect pending such action or with-
out waiting for the time for filing notice of appeal
to expire.
CHAPTER X
PROCEEDINGS BY PERSONS UNABLE TO PAY FEES
SECTION 41. Authorization to Proceed Without
Prepayment of Fees. Any civil administration
court May authorize the commencement, prosecu-
tion or defense of any case, action or proceeding,
civil or. criminal, or any appeal therein., without
prepayment of fees for serving of process, witness
fees or filing fees, or giving security therefor, by
a permanent resident of the Trust Territory who
makes a statement under oath that he is unable to
pay such fees or give security therefor. This
statement under oath shall state the nature of the
case, action, or proceedings, defense, or appeal,
and that the person making the statement believes
that he is entitled to relief.
SECTION 42. Officers To Perform Ordinary Func-
tions and Witnesses Attend in Such Cases. The
officers of the court shall issue and serve all proc-
ess, and perform. all duties in such cases without
prepayment of fees or the giving of security there-
for. Witnesses shall attend as in other cases.
SncTioN 43. Dismissal. The court may dismiss
the case, action or proceeding if the statement that
the person is unable to pay fees is untrue, or if
the court is satisfied that the case, action or pro-
ceeding -is malicious or has no substantial basis.
SECTION 44. Witnesses for an Accused Unable
To Pay Fees in Criminal Case. The court before
whom any criminal ease is pending or a judge
thereof may order at any time that a witness sum-
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mons be issued and served without prepayment, of
fees upon request of an accused who cannot pay
witness fees. The request shall be supported by
a statement under oath in which the accused shall
state the name and address of each witness and
the testimony which he is expected .by the accused
to give if summoned, and shall show that the evi-
dence of the witness is material to the defense,
that the, accused cannot safely go to trial without
the witness, and that the accused is actually unable
to pay the fees of the witness. If the court or
judge orders the witness summons to be issued and
served without prepayment of fees, the fees of the
witness so summoned shall be paid in the same
manner in which similar fees are paid in case of
a witness summoned on behalf of the government.
CHAPTER XI
LIMITATION OF ACTIONS
SECTION 45. Presumption of Satisfaction of
Judgment. A judgment of any civil administra-
tion court shall be presumed to be paid and satis-
fied at the expiration of twenty (20) years after
it is rendered.
SECTION 46. Limitation of Twenty (2O) Years.
The following actions shall be commenced only
within twenty (20) years after the cause of action
accrues:
a. Actions upon a judgment;
b. Actions for the recovery of land or any inter-
est therein.
. If the cause of action first accrued to an ancestor
or predecessor of the person who presents the
action, or to any other person under whom he
claims, the twenty (20) years shall be computed
from the time when the cause of action first
accrued.
SECTION 47. Limitation. of Two (2) Years. The
following actions shall be commenced only within
two (2) years after the cause of action accrues:
a. Actions for assault and battery, false impris-
onment, or slander;
b. Actions against a Sheriff, Deputy Sheriff, or
other person duly authorized to serve process, for
any act or omission in. connection with the per-
formance of their official duties;
c. Actions for malpractice, error, or mistake
against physicians, surgeons, dentists, medical or
dental practitioners, and medical or dental assist- -
ants.
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SEcTiox 48. Actions by or Against the Estate of
a Deceased Person. Any action by or against the
executor? administrator, or other representative of
a deceased person for a cause Of action in favor of,
or against, the deceased shall be brought only
within two (2) years after the executor, adminis-
trator, or other representative is appointed or first
takes possession of the assets of the deceased.
SECTION 49. Limitation of Six (6) 'ears. All
actions other than those covered in the three pre-
ceding sections, shall be commenced only within
six (0) years after the cause of action accrues.
SEcaloN 50. Disabilities. If the perspn entitled
to a cause, of action is a minor or is insane or is
imprisoned when the cause of action first accrues,
the action may be commenced within the time
above limited after the disability is reinoved.
SECTION 51. Mutual Account. In an action
brought to recover the balance due upon a mutual
and open account, or upon a cause of action upon
which partial payments have been made, the
cause of action shall be considered to 110.7e accrued
at the time of the last item proved in the account.
SECTION 52. Extension of Time by Absence
From the Trust Territory. If at the, tiMe when a
cause of action shall accrue against any person, he
shall be out of the Trust Territory, snch action
may be commenced within the time herein limited,
after he conies into the Trust Territory. If after
a cause of action shall have accrued against a per-
son, he shall depart from and reside out of the
Trust Territory, the time of his absence shall be
excluded in determing the time linfited for
commencement of the action. No action, however,
shall be brought by any person upon a cause of
action which was barred by the laws of any state
or country while he resided therein.
SECTION 53. Extension of Time by Fraudulent
Concealment. If any person who is liable to any
action shall fraudulently conceal the cause of ac-
tion from the knowledge of the,person entitled to
bring it, the action may be commenced at any
time within six (0) years after the person who is
entitled to bring the same shall discover that he
has such cause of action, and not afterwards.
SECTION 51. Effect Upon Existing Causes of
Action. For the purposes of computing the limi-
tations of time herein provided, any cal* of ac-
tion existing on the date of this Interim Regula-
tion shall be considered to have accrued on the
date of this regulation.
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CHAPTER XII
MISCELLANEOUS PROVISIONS
SECTION 55 Oral Process and Returns in a
Community Court. Any other provisions of this
regulation to the contrary notwithstanding, any
or all process and reports of service of process on
a Community Court may be oral if the court deems
best, but such oral process shall only be effective
within the territorial jurisdiction of the court
issuing it.
SECTION 56. Effect of Irregularities: No error
in either the admission or exclusion of evidence,
and no error or defect in any ruling or order, or
in anything done or omitted by the court, or by
any of the parties, shall constitute ground for
granting a new trial or for vacating, modifying,
or otherwise disturbing a judgment or order, un-
less refusal to take such action appears to the
court inconsistent with substantial justice.
SnerrioN 57. Absent Defendants. In an action
in the District Court to enforce or remove any lien
upon or claim to real or personal property within
the Trust Territory of. the Pacific Islands, or to
adjudicate title to any interest in such property,
where any defendant cannot be served within the
Trust Territory of the Pacific Islands, or does not
voluntarily appear, the court may order the absent
defendant to appear or plead by a certain day.
Such order may be served on the absent defendant
personally, wherever found, or upon the person or
persons in possession or charge of such property,
if any, or by mailing, postage prepaid, a copy of
the order to the absent defendant at his last known
address. Where personal service is not practi-
cable, the order shall be posted, in one or more
conspicuous places as the court may direct, for a
period of not less than two (2) weeks. If an
absent defendant does not appear or plead within
the time allowed, the court may proceed as if the
absent defendant had been served with process
within the Trust Territory of the Pacific Islands,
but any adjudication shall, as regards the absent
defendant without appearance, effect only the
property which is the subject of the action. Any
defendant not so personally notified may at any
time within one year after final judgment enter
his appearance and thereupon the court shall set
aside the judgment and permit such defendant
to plead, on payment of such costs as the court
deems just.
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SECTION 58. Venue, ttenerat. Except as
otherwise provided, a civil action in which one of
the defendants lives inthe Trust Territory of the
Pacific Islands shall be brought in a court within
whose territorial jurisdiction the defendant or the
largest number of the defendants live or have
their usual places of business or employment. If
an action is based on a wrong not connected with
a. contract, it may be brought in a court within
whose territorial jurisdiction the cause of action
arose. An action to collect a tax may be brought
in a court within whose territorial jurisdiction
defendant may be served. A civil action against a
defendant who does not live in the Trust Territory
of the Pacific Islands may be brought in a court
within whose territorial jurisdiction the defendant
can be served or his property can be attached. A
civil action by or against the executor, adminis-
trator, or other representative of a deceased per-
son for a cause of action in favor of or against the
deceased may be brought in any court in which
it might have been brought by or against the
deceased.
b. Admiralty and Maritime. Suit in an ad-
miralty and maritime matter shall be brought in
the district within which the defendant can be
served, or within which his property can be at-
tached, or when the suit is against property itself,
in the district within which the ship, goods or
other thing involved can be seized.
c. District Court. An action in the District
Court to enforce or remove any lien upon or claim
to real or personal property within the Trust Ter-
ritory of the Pacific Islands, or to adjudicate title
to any interest in such property, or in any way
affecting title to land within the Trust Territory
of the Pacific Islands, or any interest therein,
shall be brought in the district where the prop-
erty or some part of it is located. Any other ac-
tion in the District Court in which one of the
parties lives in the Trust Territory of the Pacific
Islands shall be brought in the district in which
one of the parties lives or has his usual place of
business or employment or, if the action is based
upon a wrong not connected with a contract, it
may be brought in the district in which the cause
of action arose. Any action in the District Court
not covered by any of the foregoing provisions
may be brought in the district within which any
defendant can be served or his property can be
attached.
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d. Change of Venue. Nothing in this section
shall impair the jurisdiction of a civil.administra-
tion court over any matter involving a party who
does not make timely and sufficient objection to
the venue. If a matter is brought in the wrong
venue, the court in which it is brought may, on
its own motion or otherwise, transfer it to any
court in which the matter might properly have
been brought. The District Court, if it deems the
interests of justice will be served thereby, may
hear any matter in a district other than that in
which it is brought, or may hear it partly in one
district and partly in another district or districts,
or may transfer it from one district to another.
SECTION 59. Proof of Official Record. Books or
records of account or minutes of proceedings of
any department or agency of the United States
of America or of the Trust Territory of the Pacific
Islands, or of any predecessor thereof, shall be
admissible to prove the act, transaction or oc-
currence as a memorandum of which the same
were made or kept. Copies or transcripts (authen-
ticated by official having custody thereof) of any
books, records, papers or documents of any de-
partment or agency of the United States of Amer-
ica or of the Trust Territory of the Pacific Islands,
or of any predecessor thereof, shall be admitted
in evidence equally with the originals thereof.
SECTION 60. Effect of Notice of Appeal. The
filing of a notice of appeal within the time allowed
therefor, shall automatically stay any judgment
and the execution of any proceedings to enforce
the judgment, except in criminal proceedings, un-
less the trial court or the court appealed to other-
wise directs, and except in habeas corpus pro-
ceedings as provided by Section 40 hereof.
Documentary Supplement No. V
THE HEALTH SERVICE POLICY FOR THE TRUST
TERRITORY OF THE PACIFIC ISLANDS
I. Mission
1. To raise public health standards in the Trust Terri-
tory of the Pacific Islands and to control preventable
disease among the inhabitants thereof.
2. To provide the means of rendering medical and den-
tal care to the inhabitants of the Trust Territory of the
Pacific Islands.
3. To conduct medical and dental research into health
problems peculiar to the Trust Territory of the Pacific
Islands and their inhabitants.
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174
4. To train native men and women in the arts of med-
ical, dental and nursing practice.
II. Preventive Medicine Program
1. An annual health and sanitary survey shall be con-
ducted on each inhabited island.
2. Provisions shall be made for the reporth-tg of pre-
ventable diseases and the collection of appropriate vital
statistics.
3. A program for the eradication of intestinal parasites
and yaws shall be placed in operation.
4. An organization for the treatment of tUberculosis
and leprosy shall be established.
5. A program to insure potable water and the sanitary
disposal of sewage and garbage shall be established.
6. The immunization of natives against smallpox,
typhoid fever and tetanus shall be routine.
7. An efficient program for the control of redents and
other pests shall be established.
8. Quarantine rules and regulations shall be promul-
gated to prevent the importation of preventabie diseases
into the islands and between the separate islands.
9. A practical food sanitation program shall he adopted.
10. A program to improve the nutritional status of the
inhabitants shall be established.
11. A venereal disease program shall be maintained.
Medical and Dental Care Program
1. Hospital, dispensary and out-patient medical and
dental care shall be provided for the inhabitants of the
Trust Territory of the Pacific Islands. A prdgressively
self sustaining status for these services shall be encour-
aged. A procedure for licensure of private practitioners
in medicine, dentistry and nursing shall be promulgated.
IV. Research Program
1. A medical and dental research program shall be es-
tablished. It shall embody the procedures for submission
of requests and recommendations for research projects
and for their consideration by a board of qualified officers
appointed for this purpose.
2. Periodic and final reports of all medical and dental
research projects shall be submitted, via official channels,
to the Bureau of Medicine and Surgery.
V. Native Training I'rogram
1. A training program for native men and Women in
the arts of medical, dental and nursing practice shall be
maintained to provide sufficient number of trained indi-
viduals to meet the needs of the inhabited islands. Can-
didates for training shall be carefully chosen for intelli-
gence, leadership, character, good health and siich other
qualities as may be prescribed, from time to tiMe).
VI. This program shall be considered as the Health
Service Policy of the United States Navy for the Trust
Territory of the Pacific Islands. Its realization will be
dependent upon personnel, funds and other-facilities avail-
able. Every effort shall be made to reach the goals set
at the earliest practicable time.
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INTERIM HEALTH SERVICE PROGRAM FOR
THE TRUST TERRITORY OF THE PACIFIC
ISLANDS
Reference: (a) The Pacific Command and U. S.
Pacific Fleet Health Service Pol-
icy for the Trust Territory of the
Pacific Islands, dated 5 August
1947.
(b) Public Health Rules and Regula-
tions of the Trust Territory of the
Pacific Islands.
I. Objective
1. To implement and advance the Health Serv-
ice Policy as set forth in reference (a).
2. To provide interim medical and dental treat-
ment for inhabitants of the islands of the Trust
Territory of the Pacific Islands, until such time
as the provisions of reference (a) can be fulfilled.
? II. Preventive Medical Program
1. The rules and regulations as set forth in
reference (b) shall be placed in effect at the ear-
liest practicable date.
2. Until such time as a complete health survey
has been accomplished, the Medical Department
of the Civil Administration Unit shall conduct,
studies of medical and public :health conditions
to the greatest extent possible commensurate with
personnel and facilities available. These, studies
shall include routine physical examinations of
school children, spot checks of stools for intestinal
parasitism and examination of general population
during field trips to determine the incidence of
yaws, Venereal disease, leprosy, and other infec-
tious diseases. X-ray examinations of the chest
shall be performed to the extent of facilities avail-
able.
3. The current practice of treatment of yaws
with initial massive doses of penicillin in oil, fol-
lowed by a course of twelve (12) injections each
of mapharson and bismuth shall be continued un-
less circumstances prevent this procedure or re-
sults obtained indiCate that this treatment is not
efficacious. In the later case the Staff Medical
Officer of the Deputy High Commissioner of the
Trust Territory of the Pacific Islands shall be
notified.
4. The routine administration of anthelmintics
to the population may be practiced if indicated
by spot surveys.
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5. Until such time as a centm-leprosarium is
established, persons suffering from leprosy, known
contacts thereto, and suspected cases shall be iso-
lated until diagnosis has been confirmed or dis-
proven. Such logistic support as may be necessary
for these colonies shall be provided by the local
Civil Administration Unit.
6. An educational program. to teach voluntary
isolation and essentials of .control of spread of
tuberculosis -:shall be established. Where medi-
cal facilities with adequate beds and Medical De-
partment personnel are available, the Medical
Officer shall hospitalize such cases of tuberculosis
or suspected tuberculosis as would be most bene-
fitted by hospitalization. The Medical Depart-
ment personnel of the various Civil Government
Units shall cooperate with the Health Survey
Ship which it is contemplated will be operating
throughout the area in the near future.
7. The Medical Department shall keep the Civil
Administrator advised as to the potability of all
water supplies and shall assist in every way pos-
sible . toward maintaining potable water systems.
8. The Medical Department through its sani-
tation officer shall conduct regular sanitary in-
spections and shall report any deficiencies in
general sanitation, preparation and serving o?f
food and beverages in restaurants and in garbage
and sewage disposal procedures.
9. An active immunization campaign against
smallpox and typhoid shall be conducted in ac-
cordance with current public health practices.
10, Active baiting and trapping campaigns
shall be conducted against rodents.
11. An educational campaign to teach the value
of balanced diets and to encourage the practice
of varying diets shall be conducted.
12. A venereal disease program shall be main-
tained.
13. The Medical Department shall cooperate
with other Civil Government personnel in en-
forcement of quarantine regulations.
Interim Program for Training Natives
An interim training program shall be conducted
to meet the needs for trained Health Aids and
Nurse Aids until graduates of the School of
Medical Practitioners become available. The
courses shall be. conducted in accordance with the
provisions of CINCPACFLT letter, serial 1557,
dated 10 March 1947, and Commander Marianas
letter, serial 11116, dated 16 April 1947. -The
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training proPARTTIO DrcolriftiPg 2R3IMT:11
Administration Unit- Dispensaries for a minimum
of six (6) months, with an additional three (3)
months' training in the field. The subjects to be
taught shall include basic English, care of the
sick and injured, preventive medicine, sanitation,
and rodent control.
IV. Care of the Sick and Injured
Medical and dental care shall be provided the
inhabitants of islands of the Trust Territory of
the Pacific Islands, commensurate with medical
and dental personnel and facilities available.
Subsistence shall be provided for patients in the
dispensaries making charges for such subsistence
in accordance with current directives. (Com-
mander Marianas letter, serial 12402, dated 14
May 1947.) However, every effort should be made,
to substitute native foods for Navy rations when--
ever practicable in order to reduce the cost of sub-
sistence to the government and provide a diet more
nearly in accord with native food habits and.
desires.
PUBLIC HEALTH RULES AND REGULATIONS
FOR THE TRUST TERRITORY OF THE PACIFIC
ISLANDS
Objectives: The objectives of these regulations
are to control preventable diseases and to
elevate public health standards in the Trust
Territory of the Pacific Islands.
1. It shall be the responsibility of the Civil
Administrator to promulgate and enforce the regu-
lations set forth herein and to formulate such
additional rules and regulations as may be deemed
necessary for the furtherance of the public health
objectives.
2. It shall be unlawful for any person or per-
sons to practice medicine or other of the healing
arts for a fee unless duly licensed and/or au-
thorized by the High Commissioner of the Trust
Territory of the Pacific Islands, or his duly ap-
pointed representative.
3. It shall be unlawful for any person other
than those properly accredited to import, sell,
give or dispense medicines, drugs, or other sub-
stances of a deleterious nature, which in the
opinion of proper medical authority should only be
administered by authorized practitioners, phy-
sicians or other medical personnel.
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4. it shall be unlawful to import, sell, traffic in,
purchase, give or prescribe narcotics or Medicine
containinffs, narcotics or other so-called habit-
forming drugs except by specific authority of the
Civil Administrator.
5. It shall be unlawful to knowingly and
willfully conceal or fail to report to proper au-
thorities, cases of communicable diseases. Per-
sons suffering from contagious or comMunicable
diseases or known contacts thereto, shalt be iso-
lated, treated, and, if necessary, be confined by the
civil authorities in accordance with Standard
preventive medicine procedures as outlined by the
medical staff of Civil Government. Treatment
for persons infected with venereal disease is
compulsory.
6. -Persons desiring to travel between adminis-
trative districts shall be required to obtain a cer-
tificate of health from a medical practitioner,
physician, or medical representative of the Civil
Administration. This certificate shall certify that
the individual has been examined and iS appar-
ently free of communicable diseases, that he has
been vaccinated for smallpox and typhoid fever
within the prescribed interval and shall include
the findings of X-ray examination of Chest if
available. The provisions of, this paragraph do
not apply to travel between islands within an
administrative district.
7. Vaccination and inoculations as prescribed
by proper authority shall be compulsory.
8. Regulations and directives relative to control
of rodents and other pests shall be promulgated by
the Civil Administrator.
9. It shall be unlawful for any person or per-
sons to prepare and dispense foods for public con-
sumption unless specifically authorized by the
Civil Administration. Establishments engaged in
the preparing or dispensing of foods for public
consumption shall be subject to periodic inspec-
tions by the Civil Administrator or his Medical
advisor. Failure to conform to standards of sani-
tation prescribed shall be cause for revocation of
license.
10. Persons engaged in handling food for public
consumption shall be examined at Prescribed inter-
vals or at other times by a duly authorized physi-
cian, practitioner, or medical representative of the
Civil Administrator.
11. It shall be unlawful for any person to sell
or dispense for human consumption food Which is
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known to be contaminated, .decomposed or adul-
terated, thereby rendering such food unfit fon
human consumption.
12. Participation in established public health
programs for school children is compulsory.
13. Disposal of waste sewage and garbage by
methods and in areas other than those prescribed
by health authorities shall be unlawful.
14. The use of night soil" (human excreta) as a
fertilizer is prohibited.
14. Sanitary privies (Benjos) shall be of a type
and in areas designated by local authorities.
Defecation in the immediate vicinity of any village
other than in those privies is prohibited.
16. Barber shops and beauty parlors shall be
duly licensed and inspected periodically by a
medical representative of the Civil Administrator.
17. A record of births and deaths will be main-
tained by the registrar of the Civil Administration
Unit. All births will be reported to the registrar
within seventy-two (72) hours after occurrence.
In case of death when the deceased has not been
attended by a practitioner, physician, or health aid
during his terminal illness, burial will not take
place until remains have been viewed by a repre-
sentative of the Civil Administration. Death oc-
curring under suspicious circumstances shall be
reported to the Chief of the village or magistrate
for further investigation. All deaths will be re-
ported within twenty-four (24) hours and burial
will take place within thirty-six (36) hours after
death has occurred. Forms VS-1 and VS'2 shall
be completed and filed in each CAU. Refer to
COMMARIANAS directive, serial 12936 of 15
November 1946 for more detailed directions.
18. Burial will take place only in specified areas
and in a manner designated by the Civil Admin-
istration.
19. Persons violating any of the above regula-
tions are subject to trial by such authorized courts
of justice as now exist or may be established in
the future.
MEDICAL PRACTICE IN THE TRUST TERRITORY
SEcTioN 1. The Healing Art; Definitions. For
the purpose of these regulations the following
words and phrases have the meanings assigned to
them, respectively, except where the context other-
wise requires:
(a) "Disease" means any blemish, defect, de-
formity, infirmity, disorder, or injury of the hu-
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man body or mind, and pregnancy and the effects
of any of them.
(b) "The Healing Art" means the art of de-
tecting or attempting to detect the presence of
any disease; of determining or attempting to
determine the nature and state of any disease, if
present; of preventing, relieving, correcting or
curing or of attempting to prevent, relieve, .cor-
rect or cure any disease; of safeguarding or at-
tempting to safeguard the life of any woman or
infant through pregnancy and parturition; and of
doing or attempting to do any of the acts enumer-
ated above: provided, that for the purpose of
these regulations the term "Healing Art" does
not include (1) podiatry, nor (2) pharmacy, nor
(3) optometry as defined in Section 33 of this
title, nor (4) healing by prayer under the condi-
tions set forth in Section 30 of this title. .
(c) "To Practice" means to do or attempt to
do, or to hold oneself out or to allow oneself to
be held out as ready to do, any act enumerated in
subsection (b) of this section as constituting a
part of the healing art for a fee, gift, reward or
in anticipation of any fee, gift or reward whether
tangible or intangible.
(d) "The commission" means the commission
on licensure to practice the healing art created by
these regulations.
(e) "Board" means a board of examiners cre-
ated by these regulations.
(f) "Drugless healing" means any system of
healing that does not resort to the use of drugs,
medicine, or operative surgery for the prevention,
relief or cure of any disease.
(g) "School" means any school, college or
university.
SECTION 2. License Required; Terms of License
to Be Observed. No person shall practice the
healing art in the Trust Territory who is not (a)
licensed so to do, or (b) if exempted, under Sec-
tions 29 and 30, then duly registered.
No person shall practice the healing art in the
Trust Territory otherwise than in accordance with
the terms of his license or of his registration as
the case may be.
SECTION 3. Commission. of Licensure; Creation;
Establi,slonent of Standards. There is hereby
created a commission on licensure to practice the
healing art in the Trust Territory of the Pacific
Islands consisting of members appointed by the
Deputy High Commissioner, Trust Territory of
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the Pacific Is ands, as follows: the Educational
Administrator, the Head of Department of Public
Health, and other members, at least one of whom
shall be a doctor of medicine or a doctor of den-
tistry or a person holding an equivalent learned
degree. The commission shall elect a president.
The Head of the Department of Public Health
shall be the secretary and treasurer of the com-
mission. The Commissioner shall make and from
time to time may alter such rules as it deems nec-
essary for the conduct of its business and for the
execution and enforcement of the provisions of
these regulations.
The commission shall establish minimum stand-
ards of preprofessional and professional educa-
tion in the healing art and may establish minimum
standards for hospitals for interne training. It
may determine whether preprofessional schools
and professional schools attain such standards.
It shall keep a record of its investigations and de-
terminations with respect to all schools and hos-
pitals and every school and every hospital attain-
ing the prescribed standards or which had at-
tained such standards during .its existence. The
commission may redetermine from time to time
the standing of any school or hospital and may re-
vise its register accordingly. The commission
shall give no credit for any certificate, diploma
or degree emanating from any school, and it may
refuse to give any credit for any certificate or di-
ploma emanating from any hospital, not duly reg-
istered as provided by these regulations: pro-
vided, that this requirement as to registration
shall not apply in the case of persons applying for
license on years of practice under the provisions
of section 20 of these regulations.
SECTION 4. Same: To Receive and Record Ap-
plications for Licenses; Issuance of Licenses. The,
commission shall receive, number consecutively,
and record all applications presented in due form
for licenses and for registration by the applicant
to Deputy High Commissioner, Trust Territory of
the Pacific Islands; but such applications may be
classified according to their respective purposes
and numbered consecutively and registered ac-
cording to the several classes thus established. If
commission finds that ai applicant is entitled to a
license by virtue of years of practice under Section
20 of these regulations, it shall certify him to the
High Commissioner, Trust Territory of the Pa-
cific Islands or his delegated representative, who
178
shall issue him a license to practice accordingly.
If the commission finds that an applicant has sub-
mitted satisfactory proof of age, moral character,
preprofessional education, professional education,
but must be subjected to an examination to de-
termine his professional fitness under Section 8
of these regulations, it shall certify him to the
proper examining board or boards for that pur-
pose and upon receipt of a report or repOrts from
any such board or boards, satisfactory to the com-
mission, showing that the applicant has passed
such examination or examinations, the commis-
sion, being of the opinion that the applicant is in
all other respects legally qualified, shal certify
him to the High Commissioner, Trust erritory
of the Pacific Islands or his delegated representa-
tive, who shall issue a license to practice the heal-
ing art in the manner described in his application
and as authorized by law, in whatever elass the
commission shall find him qualified to so practice.
SECTION 5. Same: Power to Appoint and Dis-
charge Examiners, Clerics, etc.: Contrac. With
the approval of the Deputy High Commissioner,
Trust Territory of the Pacific Islands, the com-
mission may appoint, suspend, and remOve such
examiners, counsel, clerks, inspectors, an d other
officers and employees as may be authorized by law.
Deputy High Commissioner, Trust Territory of
the Pacific Islands, shall provide such quarters,
supplies, equipment, and assistants as may be
necessary for the work of the commission and the
execution and enforcement of the proviSions. of
these regulations.
SECTION C. Boards of Examiners; Appointment
and Tenure; Qualifications: Rules. With the ap-
proval of the Deputy High Commissioner, Trust
Territory of the Pacific Islands, the commission
shall appoint boards of examiners as follo-Ws : (a)
A board of examiners in basic sciences (b)
board of examiners in medicine and osteopathy ;
(c) a board of examiners in chiropractic; (d) a
board of examiners in dentistry; (e) a board of
examiners in nursing; (f) a board of examiners
in. midwifery ; and (g) such other boards of ex-
aminers in drugless-healing as are necessary under
the provisions of the title. The board of ? ex-
aminers shall consist of from three (3) to five (5)
members. No examiner shall be appointed for a
term longer than three (3) years. The cOmmis-
sion shall appoint no person as a member of any
such board who is not a citizen of the United States
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or Trust Territory or Guam, and in the case of a
citizen of Guam or the Trust Territory he shall
have, been a resident for at least three years im-
mediately preceding his appointment. The com-
mission may app-oint as members of such boards
persons employed in the services, of the Federal
Government and of the Governments of Guam
and the Trust Territory; and persons so employed
may accept such appointment and may receive
such compensation for their services as examiners
as may be provided by law. A member of any
board is not debarred by such membership from
employment under the Federal Government or the
Governments of the Trust Territory not incon-
sistent with the discharge of his duties as a member
of such board.
Each examining board shall elect a chairman.
and secretary and may make such rules regarding.
the discharge of its. duties as the commission may
approve. Each board shall -conduct the examina-
tion and make reports as required by law and by
the rules of the commission.
Persons desiring to engage in the practice of
arts and sciences associated or subsidiary to the
medical arts shall be examined by special boards
appointed in the manner prescribed above.
SECTION 7. Board of Examiners in Basic
Sciences.; Qualifications. The three (3) to five (5)
members of the. board of basic sciences shall be
learned respectively or severally in the sciences of
anatomy, bacteriology, physiology, chemistry,
pathology, and hygiene. When directed by the
commission the board shall conduct. examinations
of applicants for licensure in the healing arts,
except dentistry, in the afore-mentioned sciences
to determine whether such applicants have or have
not sufficient knowledge of those sciences to under-
stand and to apply such sciences in the study and
practice of the healing art.
SECTION 8. Applicants To Be Examined by
Board of Examiners in Basic Sciences; Accept-
ance of Examination by State Board; Certifica-
tion to Other Boards. The commission shall
refer to the board of examiners in the basic sci-
ences every applicant for a license to practice the
healing art, except dentistry in the Trust. Terri-
tory and except those entitled to practice the heal-
ing art in the Trust Territory by virtue of years
of practice for determination of the, applicant's
ability to understand and to apply the sciences
of anatomy, bacteriology, physiology, chemistry,
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pathology, and hygiene to the study and practice
of the healing art. The board of examiners in
the basic sciences may examine any applicant re-
ferred to it, and it may .accept in lieu of examina-
tion proof that the applicant has passed, before
a heard of examiners in the basic sciences, by
whatsoever name -it may be known, or before any
examining or licensing board in the healing art
as that .art is hereinbefore defined, of any State,
Territory, or other_ jurisdiction under the United
States, or of any foreign country, and examina-
tion in anatomy, bacteriology, physiology, chem-
istry, pathology, and hygiene, as comprehensive
and as exhaustive as that required in the Trust
Territory under the authority of these regulations.
The board of examiners in basic sciences shall
report its findings to the commission. An appli-
cant who is reported by the board as qualified in
the sciences of anatomy, bacteriology, physiology,
chemistry, pathology, and hygiene, but who is- not
entitled to a license to practice the healing art
without examination, shall be certified by the corn-
mission to the board of examiners in medicine and
osteopathy, or to the board of examiners in chiro-
practic, or to a board of examiners in drugless
healing, as the case may be, for determination of
his professional fitness. An applicant who is re-
ported by the board as qualified in said sciences
and who is entitled to a license by reciprocity
without examination shall thereupon be certified
by the commission to the High Commissioner,
Trust Territory of the Pacific Islands, or his dele-
gated representative, who shall issue such. license.
The High Commissioner, Trust Territory of the
Pacific Islands, or his delegated representative,
shall issue no license to practice the heal ing art,
except dentistry, to any person who has not been
reported by the board of examiners in basic sci-
ences as qualified in the sciences of anatomy, bac-
teriology, physiology, chemistry, pathology, and
hygiene except to such persons as are entitled to
practice medicine and surgery by virtue of years
of practice as set forth in Section 20 of these
regulations.
SECTION 9. Board of Examiners in Medicine
and Osteopathy to Be Appointed by the Commis-
sion With, the Approval of the Deputy High Com-
missioner, Trust Territory of the 'Pacific Islands;
Duties and Qualifications. With approval of the
Deputy High Commissioner, Trust Territory of
the Pacific Islands, the commission shall appoint
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as members of the board of examiners in medicine
and osteopathy persons who have been graduated
with the degree of doctor of medicine, doctor of
osteopathy, or doctor of osteopathy and surgery,
or some equivalent degree, by a school registered
under these regulations and who have taught or
practiced medicine and surgery or osteopathy for
not less than five consecutive years.
The board of examiners in medicine and osteop-
athy shall consist of three practitioners of medi-
cine and surgery, one of whom may be an osteo-
path. The degrees of doctor of medicine and
doctor of osteopathy and surgery shall be ac-
corded the same rights and privileges under gov-
ernmental regulations. They shall examine into
the qualifications of all persons referred to them
who desire to practice medicine and osteopathy.
'rhe questions propounded to such applicants shall
be identical in every respect; with the exception
of questions in the practice of medicine and prac-
tice of osteopathy which shall be propounded to
applicants of these respective schools only, as the
case may be, and the replies shall be examined and
graded by the members of the board representing
such schools of practice.
The board of examiners in medicine and osteop-
athy shall certify to the commission applicants
whom they have found qualified to be licensed to
practice medicine and surgery or osteopathy and
surgery or as medical practitioners, as the case
may be.
'SECTION 10. Applications to Be Referred to
Examiners in Medicine and Osteopathy. The
commission shall refer to the board of examiners
in medicine, and osteopathy every applicant for a
license to practice the healing art who does not
intend and in his application agree to limit his
practice to some named drugless method of heal-
ing and who is not entitled to a license without
examination: provided, that no applicant shall be
certified to the board of examiners in medicine
and osteopathy for examination who has not been
reported by the board of examiners in the basic
sciences as qualiRed in the sciences of anatomy,
bacteriology, physiology, chemistry, pathology,
and hygiene.
SECTION 11. Medical Practitioners; Examina-
tion. The commission shall refer to the board of
examiners in medicine and osteopathy every grad-
uate of the United States Naval School of Medi-
cal Practioners, Guam, Mariana Islands, who
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agrees in his application for licensure to liMit his
practice to general medicine, minor surgery, and
normal parturition except in emergency or under
the direct supervision of a licensed doctor of
medicine. No such applicant shall be certified to
the board of examiners in medicine and osteopathy
for examination who has not been reported by
the board of examiners in the basic sciences as
qualified in the sciences of anatomy, bacteriology,
physiology, chemistry, pathology, and hygiene.
SECTION 12. Applications of Drugless Healers
and Chiropractics to Be Referred to Appropriate
Board of Examiners. The commission shall refer
to an appropriate board of examiners in drugless
healing every applicant for a license to iiractice
the healing art according to any method Of drug-
less healing and/or chiropractic defined by the
commission, who intends and in his application
agrees to limi t his practice to the system so defined,
for determination of the applicant's fitness so to
practice, and who is not entitled to a license to
practice without examination: provided, that no
applicant shall be certified to any board of ex-
aminers in drugless healing and/or chirOpractics
who has not been reported by the board of
examiners in the basic sciences as qualified in the
sciences of anatomy, physiology, chemistry,
bacteriology, pathology, and hygiene.
SEcTioN. 13. Dentistry Der-wed; EXamining
Board in Dentistry. (a) A person practices
dentistry within the meaning of these regula-
tions who holds himself out as being able to
diagnose, treat, operate, or prescribe for any
disease, pain, injury, deficiency, deformity, or
,physical condition of the human teeth, alveolar
process, gums, or jaws, and who shall either offer
to undertake by any means or method to diagnose,
treat, operate, or prescribe for any disease, pain,
injury, deficiency, deformity, or physical condi-
tion of the same; or who, except on t4 written
prescription of a duly licensed and registered
dentist and by the use of impressions of casts made
by a duly licensed and registered dentist, shall di-
rectly or indirectly by mail, carrier, personal
agent, or by any other method, furnish, supply,
construct, reproduce, or repair prosthetic den-
tures, bridges, appliances, or other strictures to
be used and worn as substitutes for natural teeth;
or who shall place such substitutes in the mouth
and/or adjust the same; or who owns, maintains,
or operates an office for the practice of entistry ;
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or who in any way engages in the practice of
dentistry as defined above.
(b) A board of dental examiners shall be
appointed by the commission when necessary in
accordance with the provisions of Section 6 of
these regulations. When satisfied that an appli-
cant is qualified under the provisions of Section
22 of these regulations, the commission shall refer
each applicant for a license to practice dentistry
in the Trust Territory to the board of dental exam-
iners except those entitled. to a license without
examination or by reciprocity as provided under
Sections 20 and 21 of these regulations. The board
shall examine all persons referred by the com-
mission. Examinations shall be both written and
practical, covering all phases of dentistry as
taught in dental colleges registrated by the com-
mission as provided in Section three (3) of these
regulations. The board of examiners in dentistry
shall certify to the commission applicants whom
they have found qualified to be licensed to practice
dentistry.
(c) No person or association of persons, other
than duly licensed dentists, and no corporation
may practice dentistry in the Trust Territory or
furnish dentists or dental services or advertise or
assume the title of dentists or dental surgeon for
financial gain.
SnurioN 14. Board of Examiners in Midwifery;
Appointment; Reference of Applicants to Board.
The commission may appoint, from time to time,
as it deems expedient, a board of examiners in mid-
wifery, consisting of not less than three and not
more than five persons, who have practiced the
healing art in the Trust Territory, or in. a State
or Territory of the United States for not less than
3 years immediately preceding their respectiye
appointments under authority of licenses author-
izing them so to practice or as a medical officer in
the service of one of the branches of the Armed
Forces of the United States. Appointments to
such boards shall be made for such terms as the
commission deems proper. With approval of the
Deputy High Commissioner, Trust Territory of
the Pacific Islands, the commission may abolish
any such board at any time. The commission shall
refer to a board of examiners in midwifery every
applicant for a license to practice midwifery who
intends and in her application agrees to limit her
practice to the care of women during normal preg-
nancy and parturition, insofar as the licentiate is
able to determine whether pregnancy and parturi-
: CIA-RDP58-00453R000100300013-8
tion are normal in .any particular case, for deter-
mination of the applicant's fitness so to practice,
and who is not entitled to a license without exam
-
illation by virtue of an outstanding license to prac-
tice midwifery in the Trust Territory or on Guam,
Marianna Islands, in force on 1 June 1946.
SECTION 15. Examinations; Time of Holding,.
Notice; Publication. Examinations shall be held
by the respective boards of examiners in each
branch of the healing art at such times as the
commission may by rule or by special order de-
termine. Examinations shall be held by the board
of examiners in the basic sciences at such times
as the commission may by rule or by special order
determine, having due relation to the dates of
the examinations held by the board of examiners
in medicine and osteopathy', board of chiropractic,
and the boards of examiners in drugless healing.
The commission shall publish notice of the time
and place of each examination and of other per-
tinent information concerning it, not less than 90
days before the first day of each examination.
SEcTioN 16. Examinations. All applicants ex-
amined by the board of examiners in the basic
Sciences shall be subject to the same examination
and rated on the same scale. as nearly as possible.
As a guide for determining whether an applicant
has or has not passed, the commission shall fix
by rule a uniform standard for all applicants. All
examinations shall conform as nearly as may be to
a uniform standard, to the end that every licensed
practitioner of the healing arts in the Trust Terri-
tory may conform so far as may be possible to a
single uniform standard of professional fitness.
SEcTioN 17. 'Waled of Conduct of Examina-
tions; Reports of Boards. The Deputy High
Commissioner, Trust Territory of the Pacific
Islands, shall provide the place or places and all
necessary facilities for examinations, including
such supervisors or proctors as the commission
deems necessary. Each examining board shall,
as speedily as possible, examine all applicants re-
ferred to it and report its findings to the com-
mission. Each board shall report to. the com-
mission the results of the clinical and laboratory
tests and of the oral examination, if any, to which
the examinee has been subjected. The written
and the oral examination and the clinical and
the laboratory tests shall each be rated on a basis
of 100, and the reports of the several boards of
examiners shall be made accordingly.
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SECTION 1g. Crommisvon to Certify for L2,-
censure Based. on Reports of Boards; Retention
of Examination Papers; Papers Open to Inspec-
tion. The Commission shall carefully consider
the reports of the board of examiners in the basic
sciences and of the examining board by which
any applicant has been examined, purporting to
show the qualiacations of the applicant. If the
commission is satisfied that the applicant is quali-
fied to practice in accordance with law and within
the limits fixed by this application, the commis-
sion shall certify him to the Deputy High Com-
missioner, Trust Territory of the Pacific Islands,
who shall, issue a license attesting that fact and
authorizing him so to practice in whatever class
of practice the commission has found him quali-
fied, so long as that license is not suspended or
revoked. All reports of examining boards and
all questions to and answers by applicants in writ-
ten examinations shall be open to inspection by
any person who shows to the satisfaction of the
commission that he has some proper interest in
them. All examination papers shall be preserved
by the commission for a period of not less than
two years. The Deputy High Commissioner,
Trust Territory of the Pacific Islands, shall record
all licenses in a book kept for that purpose, which
-shall be numbered, except that licenses of different
classes may be numbered and recorde.d in separate
series. Licenses shall show on their faces the
class of practice for which they are issued.
SECTION 19. Application for Licenses to Be
Filed with, the Deputy High Commissioner,
Trust Territory of the Pacific Islands; Contents
by Applications; Fees, Refunds. Any person de-
siring to practice. the healing art in the Trust
Territory shall apply to the Deputy High Com-
missioner, Trust Territory of the Pacific Islands,
in writing for authority to do so. The applica-
tion shall be in such form and accompanied by
such evidence of the qualifications of the appli-
cant as the commission requires. Each applica-
tion shall show whether the applicant ,seeks a li-
cense (1) on the basis of a license to practice the
healing art in the Trust Territory, under Sections
4 and 8 of these regulations, (2) on the basis of
years of practice, under Section 20, (3) on the
basis of reciprocity, under section 21, or (4) on
the basis of examination under Section 22. Each
application shall be accompanied by a fee desig-
nated by the Deputy High Commissioner, Trust
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Territory of the Pacific Islands, who for adequate
cause may refund to an applicant any or all of the
fee paid by him, prior to the reference of his
application to an examining board for considera-
tion, or thereafter if the applicant is by reason of
sickness or other adequate cause prevented from
entering the examination. An applicant for a
license by reciprocity who fails to establish his
right to sucha license, and an applicant for regis-
tration as a person exempted from examination
who fails to establish his right to such registra-
tion shall forfeit his fee.
SECTION 20. Licensure in Medicine, Surgery,
Dentistry, Midwifery or Nursing on the Basis of
Previous Practice. Every person perMitted to
practice medicine, surgery, dentistry or midwifery
in the Trust Territory prior to the enactment of
these regulations, who desires to continue so to
practice after 1 July 1948 shall apply for a li-
cense so to do. As soon as practicable after 1 Jan-
uary 1948 the commission shall by publication
give notice of this requirement. Applications for
such licensing shall be made within 90 days
after the publication of such notice. A licentiate
who within the time thus limited applies for li-
censing may continue to practice until the commis-
sion has acted on his application and granted to
him a new license, if he be entitled thereto. A
licentiate who fails to make application for licens-
ing within the time thus limited, but 40 later
makes such application, shall not practice until
.after a license, if the commission finds him en-
titled thereto, has been issued him. Every license
issued under the provisions of this section shall
show whether the licentiate was licenset in the
first instance on the basis of a diploma and of
registration without examination, or on the. basis
of examination, and shall show the date of such
original registration, if they be any, and of such
original license.
Any person who presents evidence satisfactory
to the commission that he or she had satisfaci Dry
professional education and has in fact engaged
in the practice of medicine, surgery, dentistry, or
midwifery in the Trust Territory prior to I June
1946 shall be certified by the commission for
licensure to practice as qualified and the Deputy
High Commissioner, Trust Territory of the Pacific
Islands, who may issue the appropriate license. A
license issued in any such case shall show that it
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was issued on the basis of years of practice and not
on the basis of examination.
SEcTIoN 21. Reciprocity with Other States and
Foreign Countries. An applicant who desires to
obtain a license without examination, by virtue of
a license issued to him by a State, Territory, or
other jurisdiction forming a part of the United
States, or by a foreign country, shall, submit proof,
satisfactory to the commission, that he is not less
than 21 years of age and is of good moral char-
actor; that he was licensed to practice the healing
art in the jurisdiction whence he comes under
conditions that would have enabled him to obtain
a license to practice the healing art in the Trust
Territory under the provisions of these regula-
tions were they then in force; that he is qualified in
the basic sciences as provided in Section 8 of these
regulations; that he practiced the healing art
under authority of said license for not less than
two consecutive years immediately preceding the
date of his application, and that he intends, if
licensed by the commission, to practice in the
Trust Territory. -When the commission is satisfied
as to the qualifications of the applicant as afore-
said, the commission shall certify the applicant to
the Deputy High Commissioner, Trust Territory
of the Pacific Islands, who may issue a license to
practice corresponding- in scope as nearly as may
be to the license issued to him by the jurisdiction
whence he comes, provided that an applicant who
has been examined under authority of the com-
mission and who has failed, shall not thereafter
be licensed by virtue of reciprocity with another
j uri sdiction..
SECTION 22. Evidence to Be Submitted with
Application. Each applicant for a license to
practice the healing arts, to be issued after exami-
nation, shall submit with his application proof
satisfactory to the commission that he is not less
than 21 years of age; that he is of good moral
character; that he has been graduated by a school
registered under these regulations. and/or accept--
able to the commission with a degree or certifica-
tion in that branch of the healing arts for which
he is.. making application for licensure in the Trust
Territory of the Pacific Islands: provided further,
that those applicants for licensure as doctor of
medicine, or doctor of osteopathy, must in addi-
tion to proof of their graduation from a school
registered under these regulations and/or accept-
able -to the commission, submit further proof that
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they _have 'fact not fess mini-yar Dr-training in
a hospital registered and/or acceptable to the com-
mission under these regulations.
An applicant for a license to practice midwifery
shall submit proof satisfactory to the commission
that she has had the requisite period of training in
a school registered under these regulations and/or
acceptable to the commission and in addition proof
of attendance at not less. than 25 cases of labor.
SECTION 23. Suspension, Revocation, or Annul-
ment of License. The license or certificate of
registration of any licensed or registered practi-
tioner of the healing art in the Trust Territory
of the Pacific Islands may be revoked, suspended,
or annulled, or such practitioner may be repri-
manded or otherwise disciplined after due notice
and hearing, and on the recommendation. of the
examining board representing the branch of the
healing arts practiced by such practitioner, for
any of the cases listed in this section. Proceedings
relative to revocation, suspension, or annulment
of a license or certificate or registration or toward
disciplinary action shall be begun by the filing of
written charges verified by affidavit. The Deputy
High Commissioner, Trust Territory of the Pacific
Islands, may upon his own motion and shall upon
the verified complaint in writing of any person,
provided such complaint or such complaint to-
gether with evidence, documentary or otherwise;
presented in connection therewith shall make a
prima facie case, investigate or cause to be investi-
gated by the examining board representing the
branch of the healing. arts practiced by the prac-
titioner, actions of any person holding or claiming
to hold a certificate. Before suspending or re-
voking any license or certificate the Deputy High
Commissioner, Trust Territory of the Pacific
Islands, shall issue a citation notifying the regis-
trant of the time and place when and where a
hearing of the charges shall be had. Such citation
shall contain a statement of the charges or shall
be accompanied by a copy of the written com-
plaint if such complaint shall have been filed.
Such citation shall be served on the registrant at
least 30 days prior to the date therein set for the
hearing. At the time and place fixed in such cita-
tion., the examining board shall proceed to a hear-
ing of the charges and both the registrant and
the complainant shall be accorded ample oppor-
tunity to present, in. person or by counsel, such
statements, testimony, evidence, and argument as
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e c arges or o any e ense
thereto. The practitioner against whom a charge
is filed may appear in person or by counsel, or both,
may produce witnesses and evidence in his behalf,
and may question witnesses. The- examining
board may subpena witnesses and papers in his
behalf, May administer oaths, may compel the
testimony of witnesses and may examine witnesses.
It may issue commissions to take testimony, and
testimony so taken and sworn to shall be admis-
sible in evidence for and against the practitioner.
The Deputy High Commissioner, Trust Territory
of the Pacific Islands, shall, upon request, furnish
legal assistance to the examining board. If the
board, by a majority vote of its members, shall
find the practitioner guilty of any of the charges
preferred against him, it may, in its discretion,
by written notice to the practitioner, reprimand
or otherwise discipline him or it may recommend
to the Deputy High Commissioner, Trust Terri-
tory of the Pacific Islands, in writing, that the
license or certificate or registration of the practi-
tioner be revoked or that it be suspended for a
period of time to be set- out in the recommendation.
If the practitioner shall be found not guilty, the
board shall order a dismissal of the charges.
Upon receipt of a recommendation, as herein pro-
vided, that a license or certificate of registration
be revoked or that it be suspended, the Deputy
High Commissioner, Trust Territory of the Pa-
cific Islands? may issue a revocation or suspending
order, as the case may be, in compliance with such
recommendations.
The causes for which a license or certificate of
registration may be revoked, suspended, or an-
nulled or -for which a practitioner may be repri-
manded or otherwise disciplined are as follows:
(a) Conviction in a court of competent juris-
diction, either within or without the Trust Terri-
tory, or any crime involving moral turpitude, of
any infamous crime, or any crime in the practice
of his profession.
(b) immoral, fraudulent, dishonorable, or un-
professional con d act.
(c) Illegal, incompetent, or habitually negli-
gent conduct in the practice of healing arts.
(d) Habitual intemperance in the use of spirit-
uous stimulants or addiction to the use of mor-
phine, cocaine, or other habit-forming drugs.
Advertising in connection with the practice of
healing arts which is found by the board represent-
CIA-RDP58-00453R000100300013-8
ing the branch of the healing arts practiced by
the practitioner to be deceptive, misleading, ex-
travagant, improbable, or untrue.
(e) Aiding or abetting the unlawful practice of
any branch of the healing arts.
184
(f) Failure to record a license or certificate or
registration as required by law.
(g) Insanity of the practitioner.
(h) Fraud or deception in obtaining a license
or certificate of registration.
The clerk of any court in the Trust Territory in
which a person practicing any branch of the heal-
ing arts shall have been convicted of any crime
as described in this section shall, immediately
after such conviction, transmit a 'written report
thereof, in duplicate, to the Deputy High Com-
missioner, Trust Territory of the Pacific Islands,
containing the name and address of the practi-
tioner, the crime- of which he was convicted, the
date of conviction, and the branch of the healing
arts practiced by such practitioner, designating
the examining board representing the branch of
healing arts practiced by such person, the written
charge being accompanied by a copy of the report
of the clerk of court.
Appeal. Any person who shall consider him-
self aggrieved by rthe finding of such board may,
within 30 days after written notice thereof from
such board or from said department, appeal to the
Deputy High Commissioner, Trust Territory of
the Pacific Islands, who may grant suck relief as
may be deemed fit and proper. Such appeal shall
not act as a supersedure of such finding or order
unless so ordered either by such board Or by the
Deputy High Commissioner.
Restoration of License. If the judgment against
any practitioner convicted in a, court as 'specified
in paragraph (1) shall be subsequently reversed
upon appeal, the hoard which recommended revo-
cation or suspension of the license or- certificate of
registration of such person shall, upokreceipt of a
certified copy of the judgment or order of reversal,
re-certify such person in the right to practice, and
the Deputy High Commissioner, Trust 'ilerritory
of the Pacific Islands, upon written notice from
such board that such right to practice has been
restored, shall annul or vacate any order which
revoked the license or certificate of registration of
such practitioner because of such convictMn and
shall publish notice to the fact of such order or
reversal and restoration of the right to practice
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and shall reissue the proper license or certificate
to practice as the case may be.
SIIPTION 24. Premature Disclosure of Examina-
tion! False Impersonation of Licensee Prohibited.
No person shall disclose, directly or indirectly,
to au applicant for a license, in advance of any
examination or test to which the applicant is to
be subjected, any question to be propounded to the
applicant or any test to which he is to be subjected.
No applicant for a certificate, license, or registra-
tion under these regulations, and no other person
whosoever shall procure or undertake to procure
any such disclosure. No person licensed or reg-
istered under these regulations shall allow .any
other person to impersonate him in connection
with - practice under any license or registration.
No person shall impersonate a person licensed or
registered under these regulations in connection
with the practice of the healing art under such
license or registration.
SECTION 25. Altering or Forging Diploma or
Seal of the Deputy High Commissioner, Trust
Territory of the Pacific Islands. No. personshall
alter or forge, or attempt to alter or forge, any
diploma or other evidence of graduation in the
healing art, or any certificate or evidence of any
kind, with the intent that it shall be used to evade
the provisions of these regulations.
No person shall alter or forge, or attempt to
alter or forge, any license or evidence of registra-
tion, or counterfeit the seal of the Deputy High
Commissioner, Trust Territory of the Pacific
Islands, or make any counterfeit impressions of
that seal.
SECTION 26. Unfair Rating of Applicants Pro-
hibited. No person having any office or duty to
perform with respect to the licensing or registra-
tion of applicants for licenses and for registration
under the provisions of these regulations shall.
knowingly rate unfairly or give any unauthorized
advantage to, or impose any in fair disadvantages
on, any such. applicant.
SEcTiox 27. False Swearing to be Perjury.
Any person who swears or affirms to the trust of
any matter or opinion that he knows to be false,
for the purpose of evading, hindering, or imped-
ing the purposes of these regulations is guilty of
perjury. Any person who swears or affirms
falsely, outside of the Trust Territory, if his oath
or affirmation be delivered to the commission in
said Trust Territory, shall be guilty of perjury,
in said Trust Territory and shall be tried and pun-
ished under the laws thereof.
SECTION 28. License May Be Refused for Cause;
Procedure; Attendance of Witnesses Before Com-
mission; Review by Deputy High Commissioner,
Trust Territory of the Pacific Islands. The com-
mission may refuse to certify any person for any
cause that in the judgment of the commission
would, under the provisions of Section 23, author-
ize suspension or revocation of a license or regis-
tration, if issued or granted. Before the
commission refuses to certify any applicant for
any cause under the provisions of the section, it
shall give that applicant an opportunity to be
heard in person or by attorney, and to produce
witnesses on his behalf. Witnesses may be pro-
duced on behalf of the commission and on behalf
of any interested person. The attendance and tes-
timony of witnesses may be compelled by sub-
poenas issued by the Deputy High Commissioner,
Trust Territory of the Pacific Islands and said
court is hereby authorized to issue and to enforce
such subpoenas, on petition of the commission.
Any person failing or refusing, without just cause,
to appear and testify in response to any such sub-
poena, or in any way obstructing the course of any
hearing to which he has been subpoenaed, is guilty
of contempt of court and may be punished as other
persons guilty of contempt of court are punished.
Any member of the commission may administer
oaths at any such hearing. . On the petition of
any applicant to whom a license or registration
has been denied by the commission by virtue of
this section, the action of the commission may be
reviewed by the Deputy High Commissioner,
Trust Territory of the Pacific Islands, on a writ
of certiorari.
SECTION 29. Exemptions from Operation of
Licenses Laws: Officers of Federal Government;
Consultants; 1'1-ailment of Specified Patients. The
provisions of these regulations forbidding the
practice of the healing art without a license shaft
not apply (a) to commissioned surgeons or den-
tists of the ,United States Army, _Navy or Public
Health Service, or to medical or dental officers in
any other branch of the. FederalGovernment what-
soever, in the discharge of their official duties; nor
(b) to practitioners of the healing art duly licensed
to practice their respective calling in States or
Territories or in jurisdictions under, the control
of the Federal Government, or in foreign coun-
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tries, and actually called from such States,,To7i-
tories. jurisdictions or countries, n consultation
to visit specified -patients An tine Trust TQl"iltory
or to give demonstrations e aus-
pices and for the members of an organization
made up of licensed practitioners of the healing
art in the Trust Territory, nor (c) to practitioners
licensed to practice their respective callings in
States and Territories, and in other jurisdictions
forming a part of the United States, or in foreign
countries, and called from such States, Territories,
jurisdictions, or countries to visit, on their- own
behalf and not in consultation, specified patients
in the Trust Territory nor (d) medical and dental
employees of federal contractors in the discharge
of their official duties: provided, that all practi-
tioners, of Federal contractors shall register with
the Deputy High Commissioner, Trust Territory
of the Pacific Islands in such manner as the com-
mission may prescribe. The Deputy High Com-
missioner, Trust Territory of the Pacific Islands
shall enter the name of the applicant in a register
kept for that purpose and shall issue to the appli-
cant a certificate, in evidence of such registration.
No provision of the section shall be interpreted
as allowing any practitioner of the healing art
described in this section to practice in the Trust
Territory other than in the discharge of his official
duties unless he be duly licensed So to practice in
accordance with the provisions of these regu-
lations.
SECTION 30. Same; Emergency Cases; Massage,
Dietetics, or Hygienic Measures, X-Ray or Lab-
oratory Technicians; Prayer or Spiritual Treat-
ment; Sale, etc., of Drugs. The provisions of
those regulations shall not be construed to apply to
(a) the treatment of any case of actual emergency
if without charge or compensation; or (b) to the
practice of massage, Or dietetics, or the use of
hygienic measures, for the relief of disease or to
the practice of any other form of physiotherapy
for the relief of disease or to the practice of X-Ray
or laboratory technicians under the direction of a
person licensed to practice the healing or dental
art in the Trust Territory; or (c) to the use of
ordinary hygienic, dietetic, or domestic remedies:
provided, that such use is not in violation of the
provisions of Sections 1 and 2; or (d) to persons
treating human ailments by prayer or spiritual
means, as an exercise of enjoyment of religious
frie,egeduioamtio: prnsrojde
aitilld, 1:aws, kdc
' .1NAe and.
SallikAg .watteWre not violated; or (e) tc, the
sale, manufacture, or advertising of drugs,' and
medicines: provided, that the vendor,'] maker or
advertiser, refrains from any attempt to. diagnose
provided, that it shall not be necessary, to nek?ms.e
any of the aforesaid exemptions in any prosem-
tion brought under these regulations, but, the bimr,
den of proof of any such exemption shalt be on the
defendant.
SEoTtoN 31. Funds to Be Paid to Collector of
Taxes; Payment of 'Expenses. All money payable
under the provisions of these regulations Shall be
paid to the Deputy High Commissioner, Trust
Territory of the Pacific Islands.
SECTION 32. Enforcement; Practice -Without a
License; Penalty. Criminal prosecution Shall be
conducted by the Deputy High Commissioner.
Trust Territory of the Pacific Islands. Any per-
son who shall practice the healing arts in '..any of
its branches or shall treat human ailments by any
system whatsoever or shall practice midwifery
without a valid existing license under these regu-
lations so to do shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by
a fine or by confinement in jail or by both such
fine and imprisonment in the discretion Of the
court.
SECTION 33. Definitions. (a) Podiatry in the
meaning of these regulations is defined as the, care
of the human foot limited to massage, therapeutic
baths, manicuring, removal of superficial keratin
but excludes medical, surgical, or mechanical
manipulations, electrical treatments of ailments
of the human foot, amputations of the foot or
toes and administration of anesthetics.
(b) Pharmacy in the meaning of these regula-
tions is defined as the art of compounding pre-
scriptions of licensed practitioners of the healing
art and dispensing drugs, medicines, and poisons.
(c) The practice of nursing in the meaning Of
these regulations is defined as follows: a persOn
practices nursing within the meaning of this artiele
who for compensation or personal profit (1) per-
forms any professional service requiring the ap-
plication of principles of nursing based on
biological, physical, and social sciences, such as
responsible supervision of a patient requiring skill
in observation of symptoms.
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TRUST TERRITORY HEALTH DEPARTMENT
ORDER NO. 1 ?5 1
(SUBJECT: HANSEN'S DISEASE; REGU-
LATIONS REGARDING CARE AND
DISPOSITION OF PATIENTS
1. Hansen's Disease is a chronic infectious and.
communicable disease, the etiologic agent of which
is Mycobacterium Leprae. This disease is not
hereditary but is acquired after birth. Children
under fifteen (15) years of age are most Sus-
ceptible to this disease.
2. The source of infection is the discharge of
open lesions from infectious persons who are
bacteriologically positive. The mode of trans-
mission is by intimate and usually prolonged con-
tact with infected individuals who are found to
be bacteriologically positive. Patients with
demonstrable organisms in skin or mucous mem-
brane smears are potentially open cases even if
definite ulceration is not present.
3. Methods of control consist in preventive
measures, early recognition and isolation of the
infectious cases, and treatment of bacteriologically
positive individuals. To prevent the spread of
this disease, provide adequate treatment for the
infected and safeguard the uninfected individuals
of a family, village or island, the following regu-
lations shall be placed in effect and enforced by
Civil Administrators and Public Health Medical
Officers of the Trust Territory.
a. The Civil Administration Medical Officer
shall be responsible for maintaining supervision
over all individuals known to have leprosy re-
siding within his district. Such individuals will
be brought to his attention by the screening team
on U. S. S. -Whidbey and Medical Field-Teams as
well as by the screening program of each Civil
Administration Medical Department.
b. Individuals found to be bacteriologically
positive shall be isolated at the Trust Territory
Leprosarium on Tinian Island, and treated by
sustained use of appropriate chemotherapeutic or
antibiotic agents under the personal direction of
the medical officer.
c. Patients who are found to be bacteriologically
negative on monthly examinations over a period
of 6 months and after adequate treatment may
be released from the Tinian Hospital and returned
to their native village when certified as noninfec-
tious by a board composed of three medical offi-
cers appointed by the Director of Public Health,
upon request to the Medical Officer in Charge,
Tinian Leprosarium. They shall be examined
every 6 months thereafter to insure that there has
been no return of the arrested disease. For this
purpose known paroled lepers shall be brought
to their respective Civil Administration Dispen-
saries for a sufficient length of time to be given a
thorough physical examination and repeated
smear studies of any latent lesions, however inac-
tive they may appear clinically. Medical Field
Teams may perform this function when their serv-
ices are available at the appropriate time on a
given atoll. Reports of all such postparole screen-
ing shall be made to Director, Public Health, Trust
Territory and Assistant Director, Public Health.
(1) Preparole examinations shall consist of
monthly smears made by razor blade or scalpel
technique from the edges of the macules or from
nodules. Multiple smears will be made from dif-
ferent lesions at each examination.
(2) In the event skin smears are negative an
aspiration of nodules shall be done and the aspi-
rated material examined microscopically. Skin
biopsy may be necessary when other diagnostic
methods fail to establish the infectiousness of a
given case.
(3) The above examinations shall be made
monthly over at least a 6-month period and each
examination must be negative in order for a pa-
tient to be considered as arrested. One positive
finding by whatever technique shall nullify the
study and shall result in a finding of "bacteriologi-
cally positive."
d. Infants born of bacteriologically positive
parents shall be separated from the parents at
birth. If only one parent is positive the infant
may be retained by the other, but if both are posi-
tive then the infant must be placed in a foster
home or with a healthy member of the family until
such time as the parents have been certified ar-
rested.
e. Bacteriologically negative tuberculoid cases,
as confirmed in each case by repeated aspiration
smears, shall be treated at Civil Administration
dispensaries or on the home atoll if facilities are
present.
f. Bacteriologically positive patients shall be
treated as infectious and they shall not be allowed
to travel at will, but shall be isolated from healthy
members of the community except for infrequent
and short visits by members of the family.
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4. Civil Administrators and all Medical Officers
of the Trust Territory shall familiarize them-
selves with the foregoing regulations.
TRUST TERRITORY HEALTH DEPARTMENT
ORDER NO. 2-51
SUBJECT: PUBLIC HEALTH DEPART-
MENT EMPLOYEES; PAY AND AL-
LOWANCES FOR
Indigenous professional employees of the Trust
Territory Public Health Department shall be em-
ployed in the following grades at not less than
the minimum monthly salaries shown below:
Pay schedules
Grade
2
3
4
5
6
7
8
9
10
11
12
13
Title
Minimum
monthly
salary
Medical practitioner
Dental practitioner
Medical assistant, field
Dental assistant, field
Medical assistant, intern
Dental assistant, intern
Nurse, graduate
Dental assistant, prosthesis
Dental aid
Nurse aid or health aid
Nurse aid, field or health aid, field
Nurse aid, training or health aid, train-
ing
Dental aid, training
I Plus subsistm tee.
$100
100
50
1 50
1 35
1 35
50
40
40
25
15
110
1 15
The foregoing pay schedules are minimums in
each grade. Subsistence as indicated will include
room and board and will be an integral part of
the remuneration or the job. Board will be at
least the equivalent of that provided patients or
in established indigenous messes. Rates 3, 4, 5;
and 6 are training rates and it is not expected that
incumbents will be retained in them over 1 year,
therefore, in grade pay advances should not be
granted for these grades. In grade increases from
all other minimum scales should be granted in
recognition of efficiency or length of service.
Graduates of the Schools of Medical Assistants
and Dental Assistants, Guam, or the Central Medi-
cal School, Fiji, will serve 2 years after gradua-
tion as rued ical assistants, or dental assistants
in Trust Territory hospitals or dispensaries, or
in other approved intern service, before being
188
licensed to practice as medical or dental practi-
tioners in the Trust Territory. Normally the first
year internship after graduation will be served in
a Trust Territory hospital or dispensary as med-
ical assistant, intern, or dental assistant, intern,
and the second year served in the field igrade.
Recognizing that living costs may vary widely
from one District of the Trust Territory to an-
other, District Administrators may, with the prior
approval of the High Commissioner, *ant an
additional cost of living allowance to Public
Health Department employees. The cOst of liv-
ing allowance recommended must apply equally
to all such employees and must be established as a
percentage, increase of the minimum pay Schedules
established herein. In recommending cost of liv-
ing allowances, differentiation must he made
between those rates receiving subsistence as par-
tial remuneration and those not receiving sub-
sistence.
DEFINITION OF RATES
1. Medical Practitioner. A graduate of a
school of medicine approved by the High Commis-
sioner, or of at least equivalent training, *ho has
satisfactorily completed 2 years postgraduate
service in a Trust Territory hospital or dispen-
sary or other approved hospital, and who has been
licensed by the High Commissioner to Practice
medicine in the Trust Territory.
2. Dental Practitioner. A graduate of 4 school
of dentistry approved by the High Commissioner,
or of at least equivalent training, who has satis-
factorily completed two (2) years postgraduate ft,
service in a Trust Territory dental clinic, or
other approved dental clinic, and who has been
licensed by the High Commissioner to Practice
dentistry in the Trust Territory.
3. Medical Assistant, Field. A graduate of a
school of medicine, approved by the High Com-
missioner, and employed in a Trust Territory
hospital or dispensary, who has satisfactorily
completed 1 year's service in a Trust Territory
hospital or dispensary as -a medical assistant,
intern.
4. Dental Assistant, Field. A graduate of a
school: of dentistry, approved by the -High Coin-
missioner, and employed in a Trust Territory hos-
pital, dispensary, or dental clinic, who has satis-
factorily completed 1 year's service, in a !Trust
Territory dental clinic as a dental assistant,
intern.
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5. Medical .Assistant, Intern. A graduate of a
school of medicine, approved by the High Com-
missioner, who is serving his first year of post-
graduate service in a Trust Territory hospital or
dispensary.
6. Dental Assistant, Intern. A graduate of a
school of dentistry, approved by the High Com-
missioner, who is serving his first year of post-
graduate service in a Trust Territory hospital,
dispensary or dental clinic.
7. Nurse, Graduate. A graduate of the School
of Nursing, Guam, or of at least equivalent train-
ing, licensed by the High Commissioner to prac-
tice nursing, and employed in a Trust Territory
hospital, dispensary, dental clinic, or otherwise
by the Trust Territory Public Health Depart-
ment.
8. Dental Assistant, Prosthesis. One who has
satisfactorily completed a course of training in
dental prosthetics and is employed in a Trust Ter-
ritory dental clinic, hospital, dispensary, or
otherwise by the Trust Territory Public Health
Department.
9. Dental Aid. One who has satisfactorily
completed a course of appropriate training and is
employed in a Trust Territory dental clinic, hos-
pital or dispensary as a dental aid, or otherwise
by the Trust Territory Public Health Department.
10. Nurse Aid (female) or Health, Aid (male).
One who has satisfactorily completed a course of
training at, and is employed in, a Trust Territory
hospital, dispensary or dental clinic.
11. Nurse Aid, Field or Health Aid, Field. A
qualified nurse aid or health aid, employed by
the Public Health Department at a subdispen-
sary or in the field.
12. Nurse Aid, Training or Health Aid, Train-
ing. One who is undergoing a course of training
at a Trust Territory hospital or dispensary to
qualify for the grade of nurse aid or health aid.
13. Dental Aid, Training. One who is under-
going a course of training at a Trust Territory
hospital, dispensary, or dental clinic to qualify
for the grade of dental aid.
WAIVER OF LICENSE REQUIREMENTS
Individuals employed by the Trust Territory
Public Health Department at the time of promul-
gation of this order, who are satisfactorily per-
forming duties described above, or equivalent, but
who cannot meet the requirements herein pre-
189
scribed for such employment, may be certified as
qualified for such employment upon written rec-
ommendation of the District Director of Public
Health approved by the District Administrator,
the Director of Public Health and the High
Commissioner.
All ordinances, orders, or directives inconsistent
with the provisions of this order are hereby re-
pealed, canceled and superseded.
Land and Claims Regulation No. 1 (Amended)
RETURN OF LANDS TO OWNERS
SECTION 1. Purpose. The purpose of this
regulation is to provide a procedure for effecting
the prompt return of public and private lands
formerly used, occupied, or controlled by the
United States but now no longer required for gov
ermnent purposes. It is the intent of these regu-
lations to return the lands to the owners in the
shortest practicable time, consistent with the full
protection of the interests of all parties.
SECTION 2. Procedure, General. The return of
the lands will be carried out by "title officers" ap-
pointed by the High Commissioner for each
district, which officers will be authorized and
empowered to determine land ownership and
execute releases of land to the owners.
SECTION 3. Determination of Land Ownership.
Each title officer is hereby authorized and em-
powered, by virtue of his appointment, to
determine, after due notice and hearing in accord-
regulation, the ownership of any
in the district for which he is
ance with this
tract of land
appointed.
SECTION 4. Release of Land to Owners.
title officer is hereby authorized and empowered,
by virtue of his appointment, as agent of the High
Commissioner, to release to the owner any tract
of land determined by proper authority to be no
longer required for governmental purposes, and to
execute the necessary papers to formalize such
release as provided by this regulation.
SECTION 5. Hearings, Witnesses, Contempts.
Each title officer is authorized and empowered to
hold hearings, take testimony under oath, ad-
minister oaths to witnesses, subpoena witnesses
and order the production of papers and docu-
ments, and punish for contempts committed in his
Each
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presence. Punishment for contempt is limited to
a maximum fine of ten dollars ($10). and imprison-
ment for a period not to exceed 5 days or both.
SECTION G. Hearings, Notice. Both public and
private, notice shall be given of all hearings. Each
notice shall contain a statement of time and place
of the hearing, a brief but clear description of the
land or lands to be considered, the names of the
owners of record (if any ) , the names of all claim-
ants of record, and such other information as the
title officer determines to be necessary to give full
notice of matters to be considered.
a. Public notice. Public notice shall be given
by posting in a public place at the Civil Admin-
istration headquarters, in the municipality in
which the land is located, and, where practicable,
on the land to be considered.
b. Private notice. , Private notice shall be given
to all parties of record by delivery of a copy of
the notice to the party or to his last known place
of residence.
All notices shall be served or posted not less than
10 days prior to the date of the hearing, except
where practical considerations make this impos-
sible in which case reasonable notice shall be given
to all parties.
SEurrox T. Hearings, Evidence, Parties. In
conducting the hearings, the title officers shall be
guided by, but need not conform to the usual rules
of eYidence. Title officers shall consider evidence
that they believe will be helpful in reaching a just
decision. All hearings shall be public, and every
person claiming an interest in the land under con-
sideration shall be given an opportunity to be
heard.
SECTION 8. Minors and Incompetents, Repre-
sentation. When a title officer finds that any party
in interest is a minor or incompetent, he shall im-
mediately appoint a responsible person to repre-
sent such minor or incompetent, unless that per-
son is already represented by a person appointed
by a court or other proper authority. A repre-
sentative appointed by a title officer is authorized
and empowered to act for the minor or incompe-
tent in all matters pertaining to land return and
real property claims arising out of the use or oc-
cupation of the land.
SEcr'ox 8.1. Estates of Deceased Persons;
Estates Owned Jointly or in Common; Other
Group-owned Estates; Representation by Land
Trustees. a. Where an estate is owned jointly or
CIA-RDP58-00453R000100300013-8
in common by the heirs of a deceased owner, or by
any other group or association of individuals, the
Title Officer may appoint one or more persons to
act as trustee or trustees for the group, and such
person or persons shall have full authority to act
for all members of the group in all 'natters con-
nected with land return and claims for the Use, re-
tention, or occupation of the land. Such trustees
shall be known as "Land Trustees," and Shall be
appointed only where no administrator or eXecutor
has been appointed for an estate, or no other re-
sponsible person or reasonably small group, of per-
sons is authorized to act for a group or assoCiation.
The Land Trustee, or Trustees, shall a4 as ad-
ministrators of lands of deceased persons, and shall
take immediate steps to determine the perSons in-
terested in the land as heirs or otherwise; and to
have the lands distributed according to law or the
desires of the. true owners, subject to approval of
the courts in the event of controversy. The Dis-
trict Court may at any time remove and replace a
Land Trustee or, in the case of an estate, appoint
an executor or administrator who shall automatic-
ally succeed the Land Trustee in all matters affect-
ing the estate. A Land Trustee may not sell or
otherwise dispose of the land or any interest
therein, except a lease not exceeding one year, ex-
cept with the approval of all parties having an
interest in the land or of the District Court;
b. A Land Trustee may represent the interest
of a minor or incompetent who is one of a group
of heirs or is a member of a group or association,
and such appointment shall not relieve the repre-
sentative of the minor or incompetent of his re-
sponsibility for the protection of the. interest of
the minor or incompetent in matters involving
the handling of the estate by the Land Trustee.
c. All questions of the propriety of the actions
of the Land Trustee shall be referred to the appro-
priate Civil Administration Court. A Land
Trustee shall be held accountable for all assets,
land, receipts, and disbursements as is a Trustee
under the laws of the United States.
d. The term "group" as used in this section in-
cludes a clan, family, tribe, or other grouP owning
land or any interest in land.
SEomow 9. Determination of Owoersh4p,Form.
After hearing all of the evidence and *king his
findings, the title officer shall publish his:determi-
nation of ownership in substantially the following
form:
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DETERMINATION OF OWNERSIIIP NO. ?
, Title Officer for the
District, Trust Territory of the Pacific Is-
lands, after due public notice and private notice to all
parties of record, and after public hearings at which
all persons claiming an interest in. the below described
land were given full opportunity to be heard, have de-
termined that the tract of land known as
(Name of tract, number)
more fully described in Annex A to this de-
termination, and containing the improvements set forth
In Annex B to determination, is the property of
(List names and interests of each)
and I hereby release the said land to
the aforesaid owners, giving them the right to immediate
possession, and order this determination to be filed in
the office of the Clerk of Courts of the
District.
Signed this day of
195__.
(Name)
Title Ofileer.
Filed this day of
195__.
Clerk of Courts for the ____ District.
Copies of the determinations shall be distributed,
as follows:
Original to owner; executed copies to Clerk of
Courts, to title officers file and High Commis-
sioner; certified copy posted in a public place at
CD/AD Headquarters; copy to CIVAD file.
SECTION 10. Determination, Annex A, Descrip-
tion of Land. The description of land used in
determinations of ownership must be the most
complete possible with the information available,
and must in all cases be sufficient to permit ac-
curate identification of the land covered. It is
the responsibility of the title officer to ascertain
that the description is complete and accurate.
SECTION 11. Determination, Annex B, Descrip-
tion of Improvements. The purpose of the de-
scription of improvements is to provide official
information for use in determining liability in
claims against the United States arising out of the
use and occupancy of the land. The descriptions
should be clear and accurate and should state the
type of improvement, by whom installed, its con-
dition and appraised value to the owner at the
time the owner took possession or at the time of
the determination of ownership, whichever is
earlier. The title officer is responsible for the
completeness of this information.
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SECTION 12. Determination of Ownership, Ef-
fect. -Unless and until the decision of the title
officer is reversed or modified by the District Court
or the Court of Appeals, the legal interests of
persons designated as owners shall be as shown on
the determination of ownership, except that no
person can convey better title than he has at the
time of the conveyance.
SECTION 13. Appeal. Any person who has or
claims an interest in the land concerned .may ap-
peal from a title officer's determination of owner-
ship to the District Court at any time within one
year from the date that the determination is re-
corded in the office of the Clerk of Courts. The
'District Court is authorized to set aside, modify,
or amend the determination of the title officer.
Hearings on appeal may be de novo or on the
record at the discretion of the District Court.
Appeal. from the decision of the District Court is
permitted as in all civil cases.
SECTION 14. Claims, Filing, Indexing. Every
person claiming any right, title, or interest in any
land that is now, or has in the past been, used or
occupied by the United States may file at any time
with the land and claims officer, or, in his absence,
with the Civil Administrator, a statement of
claim, in the form prescribed by the land and
claims officer or Civil Administrator. Statements
of claim should include the full name and address
of the claimant, a summary of the basis of the
claim and the amount of damages claimed, original
or certified copies of available documentary evi-
dence, affidavits of material witnesses, and all
other information that may be of value in process-
ing the claim. The land and claims officer will
maintain complete files and indexes on all claims
filed. Both land ownership claims and damage
claims may be filed but shall, be separately filed and
indexed. All persons filing claims are entitled
to individual notices of all hearings concerning
their claims. Failure to give such notice shall be
cause for rehearing if such failure is prejudicial
to the interests of the claimant. Civil Adminis-
trators will provide for public notice of right to
file claims and the desirability ol filing at an early
date.
SECTION 15. Unlawful Acts, Penalties. Any per-
son who knowingly prepares, presents or attempts
to present as evidence in a hearing before a title
officer any deeds, records, or documents which
101
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($1,000) or imprisoned for a period of not more
than 5 years or both.
are false, misleading, or inaccurate, or who by use
of false or misleading evidence of any nature ob-
tains or attempts to obtain a determination in
favor of himself or another or who conspires to
present false, misleading, or inaccurate documents
in evidence or to procure a determination of own-
ership in favor of himself or another shall be
guilty of a felony and upon conviction thereof
may be fined not more than one thousand dollars
192
Land and Claims Regulation No. 2
PROCEDURE FOR HANDLING DECEDENTS'
ESTATES AND OTHER GROUP-OWNED
LANDS
(See Land and Claims Regulation No 1, Sec. 8.1)
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PROVISIONAUIQUESTIONNAIRE
Question Page
A. Brief Introductory Descriptive Section:
1. General geographical description
? (a) Physical geography, area, physical char-
acteristics, climate 1
(b) Political geography, international bound-
aries, administrative divisions, cities, principal
towns, etc 3
2. General information with regard to the ethnic
W composition of the population 4
3. Chief characteristics of the racial, linguistic, re-
ligous and social structure of the population_ _ _ _ 4
4. Natural resources, flora, fauna, and basic econ-
omy (detailed later in special section) 2, 3
5. Brief chronological historical survey and main
events of the year_ iii, iv, v, 5, 6, 7,8
B. Status of the Territory and Its Inhabitants:
1, 3 '
STATUS OF TIIE TERRITORY
6. What is the basis of the administration in inter-
national and domeStic constitutional law? Is
there any organic law in which the Administer-
ing Authority has laid down and defined ?the
status of the Trust Territory? Indicate such
changes as have been made in this organic law_ _ _ 9, 11
7. What is the nature of the legislative, adminis-
trative and judicial systems with particular refer-
ence to:
(a) The nature and composition of legislative
organs (or other representative bodies), and
executive and judicial organs, especially as far as
the participation of the local inhabitants is con-
cerned.. 13, 15, 18, 19
(b) The method of popular representation in-
cluding electoral qualifications, size of electorate
and its proportion of the total population._ _ _ _17, 18, 19
(c) The local government institutions, and the
extent to which the Territory has legislative, ad-
ministrative and budgetary autonomy? 17, 18
Define the extent and character of powers of legisla-
tive and executive organs and the extent and
character of control vested in and exercised by the
chief administrative officer and other officers or
official organs of the Territory 18, 19, 20
STATUS OF THE INIIABITANTS
8. What special national status has been granted to
the indigenous inhabitants? What is the legal or
current term used to describe this special status
and how is this term defined?
9. What types, rights and responsibilities of citizen-
ship are conferred upon the inhabitants of both
sexes?
974602----51.------14
9
9
193
Question
10. Do the peoples of the Territory enjoy in the
metropolitan territory of the Administering Auth-
ority and in its colonies, protectorates, and other
dependencies the same guarantee as regards the
protection of their persons and property as do the
peoples of the said colonies, protectorates and
other dependencies? If not, what treatment do
they receive in this respect?
11. What is the status of immigrant communities?_ _
12. Is there a civil register in the Territory? Is
registration of births and deaths compulsory? If
there are any exceptions, on what grounds? What
progress has been achieved in the application of
the rules of civil registration?
C. International and Regional Relations:
13. Give a list of international treaties, conventions,
and other agreements applying to the Territory.
State i:n each annual report which of these treaties,
conventions, and other agreements have been
entered into (luring the year under review
14. What arrangements have been made by the
Administering Authority regarding the cooper-
ation of the Territory with the organs of
the United Nations and with the specialized
agencies?
15. What activities have been carried on in the
Territory by non-governmental bodies of an
international character?
16. What cooperation and general relations, if any,
have been established with neighboring territories
under the control of the Administering Authority
and with other territories with regard to political,
administrative, economic, scientific, technical', and
cultural matters?
17. What arrangements, if any, have been made to
associate or federate tile Territory with other
territories for customs, fiscal or administrative
purposes?
1). International Peace and Security: Maintenance
of Law and Order:
INTERNATIONAL PEACE AND SECURITY
18. What obligations with respect to the Territory
has the Administering Authority undertaken
towards the Security Council?
MAINTENANCE OF LAW AND ORDER
19. What forces are maintained for internal order
and what is their organization, method of recruit-
ing, conditions of service, nationality, equipment,
and facilities? What is the annual expenditure
on the maintenance of internal law and order?
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10
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What arms and ammunition were imported for
local purposes during the year?
20. Have there been any instances of collective
violence or disorder which have required the use
of police or military forces? What were the
causes of such violence or disorders? What
action has been taken to remove the causes as
well as to deal with the manifestations?
E. Political Advancement:
Page. Question Page
30. What are the methods of trial and of ascertain-
26 ment of fact used in the disposition of case?__._ 25
31. Do courts and tribunals recognize local Custo-
mary law and, if so, in what cases and under what
conditions? L 24
32. Are all elements of the population entitled to
officiate in the courts and tribunals; for example,
24 as judges, assessors, counsels, or members of the
jury?_ L 24
33. Does the judicial organization include tribunals
exclusively composed of indigenous inhabitants?
What powers do they exercise? Can they inflict
punishments for which the written law makes no
provision? How are their sentences carried out?_ 24
34. How has the Administering Authority ensured
equal treatment for the nationals of all Members
of the United Nations in the administration of
justice? 23, 24
F. Economic Advancement:
GENERAL ADMINISTRATION
21. What legislative and other steps have been
taken during the year to further the political
advancement of the Territory, especially towards
self-government or independence, in accordance ?
with Article 76 (b) of the Charter?_ _ _ 17, 18, 19, 20, 25
22. Indicate briefly, by diagram if possible, the
structure of the Territorial administration,
enumerating the personnel, responsibilities and
functions of each branch 15
23. What changes, if any, have taken place during
the year in the composition of the staff? 15
24. Explain briefly the suffrage laws and regulations
and in detail their application to men and women
and to racial groups 17, 18
25. Show in statistical tables, if practicable, to what
extent, in what capacities and under what condi-
tions of service the indigenous inhabitants are
employed in general administration 53, 86, 87
26. Explain briefly the various customs regulating
behaviour and conditions thronghout the indige-
nous groups and indicate to what extent such
customs are recognized by the administration of
the Territory. To what extent have they been
implemented by the establishment of Native
government representatives, councils, judicial
organizations, and other measures introduced to
assist the people progressively to advance materi-
ally and culturally towards self-government or
independence as required by the Charter?_ 17,18,19,20,48,69
27. Describe briefly the administrative organization
engaged in the various phases of this work and
the requirements of knowledge and conditions of
training of personnel. Report annually on
activities and progress in this special work_ 15, 16, 17, 18
JUDICIAL ORGANIZATION
28. Describe the judicial organization, both civil
and criminal, including the system of appeals.
Is there any differentiation on the basis of race
or sex? What is the official language of the
courts and tribunals? Are other languages (i. e.,
native dialects) employed in these courts and
tribunals? 23, 25
29. How are the courts and tribunals of the various
instances constituted? With respect to the
several classes of courts and tribunals, who are
eligible for membership and what is the tenure of
members? With whom does the power of appoint-
ment and removal rest? Do administrative or
legislative officials exercise judicial functions and,
if so, what functions? 23, 24
194
GENERAL
35. Present a brief statement on the general
economic situation of the Territory during the
year, with special emphasis on any unusual
cir-
cumstance---fdvourable or adverse 29
36. What major economic development programs
are in progress or have been inaugurated, com-
pleted, or planned during the year? Indicate the
scope, method of organization, administration
and finance, and the degree and methods of public
control. What is the proportion of private and
public capital available for investment in Such
programs? What is the extent and source of
State purchases of capital goods for develop-
ment? 29, 32, 38, 39
What methods are employed or envisaged to
direct or encourage investment in the Territory?__ 29
37. To what extent has the development of natural
resources been provided for with a view to pro-
moting the economic progress of the inhabitants
in the fields of agriculture, forestry, fisheries,
mining, sources of energy, irrigation and in other
fields either by the State, by private enterprises
or jointly? 1_ 30, 34
38. What major surveys, special investigations or
research programs relating to economic de-
velopment, including investment, were in prog-
ress, completed, begun or planned during the
year? Indicate the general and comparative
results thereof 30, 31, 32,35, 36,37
39. What, if any, planning or administrative Ma-
chinery for economic development is in existence
(within either the Government of the Territory: or
the Administering Authority)? What provisions
are there for participation by the indigenous in-
habitants? To what extent do the appropriate
international agencies participate in these pro-
grams? 29, 30, 32, 34, 35, 39
40. What steps have been taken by the Adminis-
tering Authority to give effect to the economic
equality provisions of Article 76 (d) of the
Charter? 29
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41. What economic activities are carried out in the
Territory by nationals or by corporations and
associations of nationals of Members of the
United Nations other than the Administering
Authority? 30
42. Are there nonindigenous groups which enjoy a
special position in any branch of the economy of
the Territory? If so, give a description of their
position including their legal status 30
43. What is the general economic policy and ob-
jectives of the Administering Authority with
regard to the various ethnic groups? Specifi-
cally:
(a) Are measures being taken or contemplated
which are intended to protect economically
weaker indigenous groups? 39, 40
(b) Are steps being taken or projected which
are intended to effect a gradual taking over by the
indigenous inhabitants of some of the functions
of nonindigenous inhabitants in the economy of
the Territory? 39, 40
44. What is the nature and extent of any conces-
sions which may have been gran ted by the
Administering Authority? 30
45. What is the legal status of enterprises owned or
operated in the Territory by the Administering
Authority or its nationals? 30
46. Are national income estimates available? If
so, indicate available figures of recent years 44
47. Give brief appraisal of the social consequences
of recent economic developments 50
PUBLIC FINANCE, MONEY AND BANKING
48. Give the principal items of government revenue,
distinguishing main sources and with particular
reference to grants or loans from the Administer-
ing Authority. Give the principal items of
government expenditure, with analysis of ex-
penditure on administration (including legislative
and judiciary services), social, educational, and
economic services 43, 44
49. Forward the detailed budget for the current
fiscal year, and a similar statement for the last
completed year of account. Explain how the
public budget is prepared, approved and imple-
mented. Attach a comparative table of the
total revenue and expenditure, section by section,
for each of the past 5 years 43
50. Has the ordinary and extraordinary expendi-
ture been covered by budgetary revenue or in
some other way?either by public loans, or by
advances or free grants by the Administering
Authority? What terms and conditions are
attached to loans and free grants? 43
51. What are the annual and total amounts of
advances and grants-in-aid made for special pur-
poses by the Administering Authority to the
Territory? To what extent and in what ways
have these grants-in-aid been used? 43
52. What is the capital position of the Territory,
including loans, debts, and reserves? Attach
figures for the last 5 years 44
195
Question Page
53. What is the general organization of the cur-
rency, banking and credit systems of the Terri-
tory? 44
54. What are the laws and regulations governing
the issuance and circulation of currency? What
is the backing of the currency? What bank or
other agency is authorized to issue currency?
Who receives the seigniorage? 44
55. What are the amounts of currency in circulation
and of savings and bank deposits? Enumerate
the number of banks and the countries of their
registration, and give their capital, including ag-
ricultural, industrial, and credit banks and coop-
erative credit societies 44
56. What banking facilities are available for small
depositors and borrowers? Specify interest rates.. 44
57. What credit facilities have been made available
in order to improve production methods and
broaden the basis of agricultural and industrial
development of the Territory? 29, 44
58. What are the rules of exchange, the restrictions
for the free transfer of currency, if any and fluctu-
ations in exchange rates which have occurred dur-
ing the fiscal year under review? Does there
exist any official or compulsory rate of exchange
between the local currency and the currency of
the metropolitan country? 44
TAXATION
59. Describe the tax system, tax policy, tax admin-
istration and collection, including administrative
and judicial rights of appeal. State whether
foreign individuals or companies are subject to
tax measures other ?than those applicable to na-
tionals of the Administering Authority_ _ 45
60. What direct taxes?such as capitation, income,
land or house taxes?are imposed? Are the rele-
vant laws applied indiscriminately to all groups
of the population? 46
61. Are direct taxes paid individually or collec-
tively? Are they applicable to all indigenous
inhabitants, without distinction, or only to able-
bodied male adults? Is the rate of taxation the
same throughout the Territory or does it vary in
different districts? Am taxes paid in kind, la-
bour, or money, and in what proportion? What
are the penalties for nonpayment of taxes? 46
62. Is compulsory labour exacted in default of the
payment of taxes in cash or kind? If so, on what
basis is the equivalent calculated? How many in-
dividuals fulfilled their tax obligations in this
manner during the year? 46
63. Is any portion of this tax handed over to or re-
tained by the tribal authorities or communities?
Are any chiefs salaried by the Administration? 46
64. Are chiefs and headmen authorized or permitted
to exact tribute or other levies in cash or in kind
or in labour? If so, is this tribute in addition to
the government taxes? 46
65. Are there any indirect taxes in force other than
import, export or transit duties? Are internal
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taxes applicable only to domestically produced
goods?
COMMERCE AND TRADE
45
66. What international agreements with respect to
trade have been entered into by the Administer-
ing Authority applying to the Territory during the
year and how have these agreements been car-
ried out? 41
67. Does the Territory form part of a customs union
with the metropolitan country or with neighbour-
ing colonies and dependencies of the Administer-
ing Authority? If so, how are the customs
receipts and expenses divided? 41
68. Are customs agreements with neighbouring
territories in effect? If so, what are the principal
provisions of such agreements? Are duty rebates
or concessions granted? 41
69. What is the general structure of commercial life
in the Territory? If possible, give comparative
statistics for undertakings by indigenous and non-
indigenous peoples_ 38
70. What methods have been used to promote ex-
ternal trade in the interest of the indigenous
inhabitants? 32, 39
71. What are the salient features of the domestic
trade of the Territory? 39
72. How is the internal distribution of domestic
and imported products performed, what is its
effectiveness and what improvements in it have
been made recently or are contemplated? 40
73. What is the scope, organization and operation
in foreign and domestic trade of government
trading agencies or entities over which the Gov-
ernment exercises effective control? What pro-
portion of total trade, foreign and domestic, of the
Territory is controlled by these agencies and
entities? 32
74. What corporations operate in the Territory,
where are they registered and do they pay any
taxes in the Territory? Are any corporations
exempted from the payment of taxes or do they
receive any special concession in this respect?_ _ 40
75. What are the marketing methods used by ex-
port and import industries? 39
76. To what extent have co-operative methods for
the marketing of exports been developed by the
government? 17, 40
77. What is the nature of tariff relationships with
the metropolitan country and with other coun-
tries? In particular, is there preferential treat-
ment accorded to the Territory's imports and ex-
ports in relation to the metropolitan area of the
Administering Authority, its colonies or other
dependencies? 41
What policies have been purused and what changes
have been made during the year with respect to
the following trade barriers including any of a
discriminatory nature: ?
(a) Customs duties or other taxes imposed on
imports and exports 41, 45, 46
196
Question Page
(b) Import and export licenses and quotas_ _ _.. 45, 46
(c) Subsidies?direct or indirect? 41
78. What, if any, measures have been adopted or
are considered necessary to protect producers of
export commodities from fluctuations in world
demand (e. g., establishment of buffer stock,
diversification of the Territory's economy, ete.)?_ 35
MONOPOLIES
79. What is the organization and operation of. any
fiscal or administrative monopolies which inay
have been established? 30, 44
80. What private monopolies or private undertak-
ings having in them an element of monoPoly
operate in the Territory? 30, 40
In the case of each such private monopoly or private
undertaking having in it an element of monopoly:
(a) To what extent is it essential to the initia-
tion of a particular type of desirable economic'en-
terprise in the interest of the inhabitants?? 40
(6) Over what proportion of the total resourees,
trade, etc., of the Territory was it granted?__. 40
(c) When and for what period was it granted?
On what basis was -this period determined? _ 40
(d) To what individuals or firms was it granted
and under what laws or regulations? Are indi-
genous peoples allowed to participate in monOp-
olies and to what extent? 40
(e) What is its organization and method of
operation?_ 40
(f) What are the conditions of public control
under which it operates? 30
(g) What measures were taken to ensure that
[here was no discrimination on grounds of na-
tionality against Members of the United Nations
or their nationals? - 30
LAND AND NATURAL RESOURCES
81. Give particulars of any geological surveys Of
the Territory made by the Administering Au-
thority and, if possible, those published by private
bodies within recent years 30
82. What measures have been taken for conserva-
tion of natural resources, including land and
mineral resources, in accordance with sound
principles and for the benefit of all the inhablr
tants of the Territory? Are there any schemes
of land reclamation? 21 30,31
83. What are the laws and customs affecting land
tenure among the indigenous inhabitants? Are
they uniform throughout the Territory? TO
what extent have traditional types of land tenurO,
or inheritance laws impeded the adoption of
im-
proved methods of cultivation or soil conserva-
tion? 33
84. Explain the laws and- conditions of land tenure)
as they affect the non indigenous population, in-
eluding measures for the protection of indigenous
inhabitants, the registration and transfer of title
and, generally, transactions affecting land 34
85. State whether there is population pressure on
the laud in any part of the Territory and specify
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factors which have led to such conditions. What
remedial measures are in effect or contemplated?_ 34
86. Under what general conditions does the Admin-
istering Authority have powers to acquire land
for public purposes? To what extent and for what
purposes has such land been acquired during the
year? 33
87. What is the area of land held by:
(a) Indigenous inhabitants (state, if possible,
whether held individually or communally) 33
(b) The Government 33
(c) Nonindigenous inhabitants by country of
origin? 34
What percentage of the land held by nonindigenous
inhabitants is being put to productive use? 34
What proportion of these lands is rented on a ten-
ancy basis? 34
88. What is the approximate distribution of land
in the Territory by the following categories:
(a) Arable; (b) forest; (c) pastures and mead-
ows; (d) mineral areas under development; (e)
wasteland, and others? 30
89. Is rural indebtedness a serious problem and, if
so, what measures are taken to deal with it? 44
FORESTS AND MINES
90. State the main provisions, if any, of the forest
law. Does it provide for the protection of forests
and for afforestation of cleared or waste lands?_ _ _ 37
91. Give a brief note on the importance of forest
products in the economy of the Territory for
export and for domestic use 37
92. What mineral resources are known to exist, have
been leased, or are actually exploited by the gov-
ernment of the Territory or privately? 37
93. How are the rights in surface and subsoil
resources determined' What measures have been
taken to obtain for the inhabitants the benefits of
such resources? 37
94. What are the main provisions of the legislation
relating to mines? 37
95. What steps are taken to resoil land damaged by
mining operations? 38
AGRICULTURE, FISHERIES, AND ANIMAL HUSBANDRY
96. What is the organization and administration of
public services in agriculture, fisheries and animal
husbandry? 34, 36, 37
97. What significant changes have taken place dur-
ing the year in the acreage devoted to, or the
volume of the principal agricultural products?___ _ 34
98. What proportion of the arable land is devoted
to nonexport crops? 34, 35
99. To what extent have modern methods of culti-
vation been adopted and what are the possibilities
for the future? 35
100. To what extent is the Territory deficient in
respect to its supply of food? What are the main
sources of supply and the main deficiencies? 35, 37
101. Are the indigenous people compelled by law to
plant food or economic crops for their own benefit?
If so, explain in detail 34
Question Page
102. How have diseases of plants and animals been
controlled or prevented? Have measures been
taken in cooperation with neighbouring territories
in this respect? 11, 34, 37
103. Do fisheries constitute an important source of
supply? Are fish processed and/or exported
from the Teiritory? What measures have been
taken for the preservation of fish supplies and
their distribution to areas of the Territory distant
from the source of supply? Could fisheries be
developed appreciably in the future? 36
104. What is done or is being contemplated to de-
velop sea food and shell industries and other simi-
lar industries among the indigenous inhabitants
for their own benefit? 36
105. What types of animal are raised, and for what
purposes? Is the quantity and quality of stock
a severe problem? If so, what measures have
been taken to solve the problem? 36, 37
106. Does meat processing exist in the Territory?
What measures have been taken for the preserva-
tion of meat supplies and for their distribution?_ _ 37
INDUSTRY
107. What are the principal manufacturing indus-
tries and establishments in the Territory? What
are the chief raw materials used by these indus-
tries and what is their source? What are the
major markets for the products of these indus-
tries? 38
108. What possibilities exist for the development
of local handicrafts and industries? Is sufficient
capital available for the development of such
industries? 38
109. What developments in industrial enterprises
generally are in existence or are planned for the
indigenous inhabitants and to what extent is
government assistance contemplated? 38
110. To what extent, if any, is tourist traffic capable
of development? 41
INVESTMENTS
111. What amount of outside private capital has
been invested in the Territory up to the beginning
of the year? What was the amount of such
capital invested up to the end of the year? 29
112. What are the nature and extent of foreign
investments in the Territory? In what enter-
prises? From what sources (Administering Au-
thority, investment or credit agencies of other
governments, private foreign investors, interna-
tional lending institutions, etc.)? Indicate the
national origin of these investments and whether
the investors are registered locally or abroad_ _ _ _ 29, 30
TRANSPORT AND COMMUNICATIONS
113. Describe the existing facilities and services
relating to 41, 42
(a) Posts.
(6) Telephone.
(c) Telegraph and cable. -
(4) Radio.
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(e) Roads, bridle paths and tracks.
(f) Railroads.
(g) Air transport.
(h) Civil air fields.
(i) Meteorological services.
(j) Shipping, ports and inland waterways.
What projects or improvements have been under-
taken or completed during the past year with
respect to the construction, maintenance and
operation of transport and communications? _ 43
Give details about the ownership of the means of
transport and coinmuni cations 41
114. Are any distinctions made between indige-
nous and nonindigenous inhabitants in the use,
ownership and operation of existing transport or
communications facilities? 41, 42
115. What transport and communication connec-
tions have been established or are contemplated
between the Teriitory and external points? What
laws or regulations apply to such external trans-
port and communication services? 42
PUBLIC WORKS
116. What public work projects other than those
specifically described elsewhere have been under-
taken, completed, or planned during the past
year?
G. Social Advancement:
GENERAL
43
117. What agencies, governmental and voluntary,
or tribal and communal organizations participate
in the administration and enforcement of social
welfare measures? How are these agencies or-
ganized, and how are their various activities co-
ordinated? What are the numbers and occupa-
tions of staffs employed in social welfare? What
financial provisions are made from public funds?__ 47
118. What, generally speaking, are the principal
targets, the basic measures, including research,
and the main achievements in the interests of the
social welfare of the inhabitants during the year?
What social legislation other than that specifi-
cally discussed elsewhere has been enacted during
the year? 47, 48
119. Indicate where possible what percentage,
approximately, of the total revenue is currently
spent on the welfare of the indigenous inhabitants.
Indicate where possible what amounts have been
obtained for these purposes through voluntary
contributions and other sources. Indicate the
principal achievements in the major fields of
economic activity which have affected the stand-
ard of living of the inhabitants, and state what
steps have been taken to improve the standard of
living
120. What special problems have been created by
the return of ex-service men and women? De-
scribe the measures being taken or contemplated
to meet these problems, if such exist
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SOCIAL CONDITIONS
121. Briefly describe the general social and religious
structure of the various indigenous group 8 and
specify the privileges and restrictions Which
characterize the members of each of these groups.
Does the law recognize these distinctions and the
privileges and restrictions which may be attached
thereto by tradition or custom? 47, 48
122. Do slavery practices exist in the Territory?
If so, give details of preventive and repressive
measures. Is there any problem of freed slaves or
their descendants? If so, describe the problem
and give an account of what has been done to
remedy it 49
123. Is there any evidence of the existence of
practices akin to slavery, such as purchase of
children under the disguise of adoption, pledging
for debt, child marriage, etc.? State the nuMber
of prosecutions and convictions for offenses of
this kind during the year 49
124. What conditions and regulations govern the
free movement of the population within the Terri-
tory and outside the Territory? 48, 53
125. Give any available information which may
throw light on the social and economic con-
sequences of changes and movements of popula-
tion 49
126. Is there any appreciable flow of foreign
immigration (i. e., foreign to the existing popula-
tion) to the Territory? If so, what is the regular
extent of such immigration? Is there any illegal
immigration? If so, to what extent? Are thereiany
means by which the population of lthe Terri-
tory is being consulted as to the desirability
of such immigration F 49
127. Are there any limitations on the immigration
and emigration of nationals of Members of the
United Nations? If so, why and to what extent?_ 49
128. Is vagrancy a penal offence? If so, how
is it defined? 49
STANDARDS OF LIVING
129. What family living studies or other surveys of
cost of living have been made? Are cost of liVing
indices regularly prepared and published? Give
a brief account of the methods used 50
130. Give a general account of any changes that
have taken place during recent years in the con-
sumption of the principal groups of the popula-
tion 38
131. What changes have taken place in nutrition,
clothing, housing and living standards in general?_ 50
STATUS OF WOMEN
132. What, in general, is the status of women and
47 what has been done during recent years to ad-
vance this status? ,. 48
133. What is the legal capacity of women married
and unmarried in civil law? Is the wife respnn-
49 sible for the debts of her husband and vice versa?_ 48
1
198
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134. Are there any occupations from which women
are debarred or in which employment is restricted
by reason of their sex, either by custom or law?_
135. To what extent do women avail themselves of
any opportunities to enter and train for Govern-
ment service? 48, 70
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147. In what instances has it been considered neces-
sary, in the interest of public order, to impose
48 restrictions on the personal freedoms of the
inhabitants?
148. What restrictions, if any, has the Adminis-
tering Authority imposed during the year on the
rights of nationals, corporations and associations
of Members of the United Nations to engage in
writing, reporting, gathering, and transmission of
information for. dissemination abroad, and to
publish materials on the same terms as nationals,
corporations and associations of the Adminis-
tering Authority?
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
136. Are all elements of the population secure in
the enjoyment of human rights and fundamental
freedoms without discrimination as to race, sex,
language or religion, as envisaged in Article 76 (c)
of the United Nations Charter? If not, what
measures have been taken to protect them against
discrimination? 9, 48
137. What official and unofficial agencies for ex-
pression of public opinion (press, political asso-
ciation, etc.) are active in the Territory? 48
138. How is freedom of the press guaranteed?
What newspapers in the Territory are owned or
operated by indigenous, or non-indigenous in-
habitants, or by the Government? What is the
approximate circulation and influence of each?
What regulations govern the freedom of the
press? 48
139. What provision is made in the press, by
broadcasting, films and other educational media
and public services generally to promote the
interest of the inhabitants of the Territory in
current developments of local and international
significance? 48
140. What outstanding voluntary organizations of
a cultural, educational, social, or political nature
exist within the Territory? 18, 71
141. Is full freedom of thought and conscience and
free exercise of religious worship and instruction
ensured to all inhabitants? 48
142. Are there any restrictions on missionaries or
on missionary activities? What financial assist-
ance from public bodies has been given to mis-
sionary work, particularly in the medical welfare
and educational fields? What is the number
and local distribution of missionaries, their
nationalities, the religious bodies they represent,
and the number of converts claimed? 48, 73
143. What measures have been taken by the local
administration to safeguard or to supervise
indigenous religions? Have any indigenous re-
ligious movements arisen? If so, describe such
movements and, if possible, state the factors
responsible for their rise and the forms which they
have taken. What measures has the local ad-
ministration taken in relation to such move-
ments? 48
144. What are the laws and regulations governing
the power of arrest? What procedures are there
for protecting the interests of arrested persons? 24
145. What guarantees are provided for the exercise
of the right of petition? 9
146. Are all elements of the population subject to
the same laws with regard to the safety of their
persons and their property? 23
199
LABOR CONDITIONS AND REGULATIONS
49
48
149. What are the outstanding problems with
respect to labor and working conditions in the
Territory? 51
150. To what extent have conventions and recom-
mendations of the International Labor Organiza-
tion been applied in the Territory? 1 ii
151. Describe briefly the labor legislation of the
Territory under the following headings:
(a) Contracts and sanctions 52
(6) Industrial relations, including freedom of
association, conciliation, and arbitration_ _ _ 52
(e) Remuneration, including payments in kind_
(d) Hours of work, rest periods, holidays, and
facilities for recreation available to workers_ _ _ _ 51
(e) Housing and sanitary conditions in the
places of employment 51,53
( f ) Inspection of conditions affecting labor in
places of employment 51
(g) Medical inspection before, during, and on
completion of employment, and medical assist-
ance to workers Si
(h) Workers' compensation and rehabilitation -
provisions 52
(i) Employment of women, young persons, and
children 53
(j) Recruiting of Workers for service within
or outside the Territory, and measures for the
protection of such workers 54
(k) Any restrictions on the movement of
workers within the Territory 53
(1) Labor passes or workbooks, where such
are required 53
(m) Training of workers, including technical
training and apprenticeship 51
(n) Industrial homework 53
152. Describe the organization of the labor de-
partment, giving an account of its functions,
number and type of personnel, and the financial
provisions made for it 51
153. For what offenses against labor laws and regu-
lations were employers charged or convicted
during the year? 52
Answers to this question may be given under the following questions
and may take the form of copies of or appropriate extracts from reports made
to the International Labor Organization.
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For what offenses against labor laws and regula-
tions were employees charged or convicted dur-
ing the year?
154. What methods other than legislation are
utilized to deal with labor problems and to estab-
lish accepted standards (e. g., Government policy,
encouragement of private practice, research into
problems of labor and labor management, etc.)?
155. Give an account of industrial relations during
the year, with particular reference to the develop-
ment of trade unions, the encouragement of col-
lective bargaining, and the frequency and methods
of settlement of industrial disputes
Is the right to strike recognized in the Territory and,
if so, under what conditions?
,156. To what extent do laborers present themselves
freely in sufficient numbers in the places where
they are required to satisfy the local demand for
labor? What measures, if .any, have been taken to
encourage the spontaneous offer of labor?
157. If recruiting of labor in the Territory is carried
out by the administration or by private organiza-
tions, give particulars of the numbers of workers
of each sex recruited, the nature of the work for
Which they have been recruited, and the condi-
tions and safeguards under which recruiting takes
place 52, 53
158. In what way is village life affected by the
absence of laborers? What measures are being
taken to deal with any ill effects?
Question Page
163. What assistance in finding suitable employ-
ment is provided for manual and nonritanual
52 workers? 52
164. To what extent do workers leave the Terri-
tory in search of employment, and under what
conditions and to what places do they go?
Give a brief account of any problems created by
52 such movements of workers and of any measures
taken to deal with these problems 53
165. Is the policy of equal remuneration for work
of equal value as between men and women ac-
cepted in -the Territory? If so, what measures
52 have been taken to give effect to it? 51
166. What measures have been taken to prevent
52 discrimination in employment and in wage and
salary payments according to race, nationality,
religion, or tribal association? 51, 53
167. Is indebtedness prevalent to a serious ektent
among wage earners and salaried workers? If
52 so, what measures are being taken to deal with
it? 51
168. What cooperative organizations, inclulding
consumer, producer, credit, and marketing co-
operatives exist, and what has been done to en-
courage their development? 40
159. Does the law provide for compulsory labor for
essential public works and services? If so, in what
circumstances, for what periods and on what
terms?
160. Have any workers been recruited from outside
the Territory? If so, by whom, for what types of
work and under what conditions? Give speci-
mens of the types of contract in use
What arrangements are made for looking after such
workers on arrival, allocating them to employers,
seeing that their employer fulfills his obligations
throughout the period of the contract, and arrang-
ing for their repatriation or reengagement?
Are such workers segregated in camps, compounds
or otherwise? Hag their presence given rise to any
trouble with the indigenous inhabitants?
Are these workers encouraged to bring their wives
with them and do they do so? Are they allowed to
settle in the Territory if they so wish?
Give the nationality of these workers, the numbers
of new arrivals, repatriations and deaths, and the
total number present at the end of the year (men
and women)
161. Are the opportunities for employment in the
Territory adequate for the utilization of the
services and skills of all persons seeking 'em-
ployment? 52, 53
162. What arrangements have been made for the
training of the skilled and professional workers
required for the economic and social advance-
ment of the Territory?
PUBLIC HEALTH
169. Describe the organization of the health de-
51 partment, giving an account of its functions, num-
ber, and type of personnel and the financial pro-
visions made for it, distinguishing between ; the
curative and preventive services 55
170. What advances have been made or planned
53 during the year in public health, health educa-
tion, nutrition, and sanitation? 58, 59
171. What research programmes in this general
field are in progress, or have been completed,
54 inaugurated, or planned during the year? 54, 57, 58
What legislation affecting medical and public
work and related matters has been enacted dur-
ing the year? 54
172. To what extent is the Administering Author
54 ity cooperating with other governments, inter-
national organizations, and, in particular, with
the World Health Organization in preventing and
54 combating diseases? What measures have been
taken to comply with international sanitary &in-
ventions and other international agreements in
54 the field of health? 11,55, 59
173. How satisfactory are the health, epidemio-
logical and vital statistics, and what measuies
are being taken and planned to improve thoSe
54 statistics? 55
174. What steps have been taken to secure an adb-
quate number of qualified physicians and other
medical personnel throughout the Territory?_:,_ 55
175. What provision is made and what facilities ate
available for the training, within and outside
the Territory, of doctors, medical assistant,
nurses, sanitary inspectors, dispensers, midwives,
69 laboratory workers and others, both in public
200
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and private institutions? Are these facilities
available, without discrimination, to all the
inhabitants? 55, 56, 58, 59
176. To what extent are unqualified indigenous
practitioners active? Are their activities regu-
lated? What is their influence as compared with
qualified practitioners? 56
177. Classify and list the principal diseases, stating
whether they are epidemic or endemic 56
What has been the incidence of diseases in the
Territory? 56
178. Are there any leper settlements in the Terri-
tory? If so, give details 57
179. What has been done with prostitution in rela-
tion to the health problem? 57
180. What measures have been taken or planned:
(a). To further the education of the community
in health matters 59
(b) To induce the indigenous inhabitants to
adopt sanitary reforms 58, 59
(c) To increase the confidence of the indigenous
inhabitants in the medical services provided_ 56
(d) When considered necessary, to eradicate
dangerous and injurious indigenous practices?_ _ 56
181. What vaccination, inoculation or similar meas-
ures have been taken for the prevention, cure,
control and elimination of disease during the past?
Are official, mission, and other private activities
as regards sanitation and preventive and curative
medicine being coordinated? 55, 56
182. What special provisions, if any, are made con-
cerning maternal and child health? In particu-
lar, are there prenatal, maternity and child health
clinics? To what extent are women attended by
doctors, nurses, medical assistants or midwives at
confinement? What regulations exist with re-
spect to midwife practice? 56
Are there any medical facilities for children of pre-
school age and school children? 56
What percentage of children receive such care? 56
183. State what nutritional measures have been
introduced, with special reference to any inter-
national conventions or resolutions. Is supple-
mentary feeding supplied to children (in particu-
lar, school children) and to what extent? 58
184. What animals, birds, fish and wild plants
(fruits, roots, nuts, etc.) are used as food? What
measures have been taken by the authorities to
protect and promote these natural sources of
supply and to increase them? 58
185. To what extent are medical and hospital
facilities available for the treatment of the more
important tropical diseases and venereal dis-
eases? 56, 57
186. To what extent are hospital facilities supple-
mented by out-stations, local medical centers,
clinics, mobile health units, and similar devices?
How many in each category are operated by the
Government, by missions, and by other private
bodies respectively/ 55, 56
Question
SANITATION
Page
187. State what methods are in use in towns and
villages for disposal of human and animal excreta_ 58
To what extent are towns and villages provided
with public latrines and drainage facilities? 58
What systems of water supply, as well as inspec-
tion of water (public and private) are applied in
urban and rural areas? Give details on number
of sources, percentage of population served,
method of inspection, and analysis of water with
percentage of satisfactory samples
188. What arrangements are in force for the dis-
infection of stagnant pools and the control of
pests dangerous to health?
189. Describe the arrangements in force for the in-
spection and control of food sold to the public,
markets, slaughterhouses, wells, etc
201
58
58
58
DRUGS
190. What legislation is in force governing the man-
ufacture, sale, exportation, importation, labeling,
and distribution of drugs and pharmaceuticals? ._ 59
191. Is the population of the Territory addicted to
the use of narcotic drugs? 59
192. What types and quantities of opium, mari-
juana, and other dangerous drugs were consumed
during the year? What measures have been
taken to regulate the traffic in and use of such
drugs? 59
193. State which conventions relating to narcotics,
if any, are applicable to the Territory 11.59
ALCOHOL AND SPIRITS
194. What types and quantities of alcoholic and
other spirituous beverages were imported, manu-
factured, and consumed? 59
What measures in the interests of the inhabitants
have been taken to regulate the import, produc-
tion, and consumption of such beverages? 59
195. What are the import duties on (a) spirituous
liquors; (b) wines; (c) beer and other fermented
beverages? 45, 59
Is there a maximum alcohol content for categories
(b) and (c)? Are the duties higher or lower than
those in the neighboring countries? 59
POPULATION
196. What are the measures for recording vital sta-
tistics? What are the dates of the most recent
censuses of the population? What regions and
populations did the census cover? How are esti-
mates of current population derived, and how
reliable arc such estimates thought to be?
SOCIAL SECURITY AND WELFARE
10
197. To what extent have conventions and recom-
mendations of the International Labor Organi-
zation or other international conventions con-
cerning social security and welfare been applied
in the Territory? 11, 47
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198. What services, if any, are provided or con-
templated with respect to widows' pensions and
old age pensions, maternity benefits, health ben-
efits, unemployment benefits, relief or other fortes
of protection for the inhabitants of both sexes?
What is the coverage, the size of the benefits,
and the method of financing and administering
them?
199. What legislation affecting social welfare has
been enacted during the year?
200. What are the objectives for the immediate
future in the social security field?
201. What other social welfare work was under-
taken during the year? Indicate new schemes
introduced by the Government, and by voluntary
organizations, and state what plans have been
made for the extension of such services
202. What provisions, if any, are made to assist
orphaned, abandoned, or delinquent children?__ _
HOUSING AND TOWN PLANNING
203. What, in general, is the housing situation in
the Territory, with special reference to housing
conditions in urban areas, mining areas and
plantations? -
204, What legislation affecting housing or town
planning has been enacted during the year?
205. What services exist for promoting improve-
ments in housing?
206. What housing or town planning projects are
in progress, or have been completed, undertaken,
or planned during the year?
PENAL ORGANIZATION
Question
212. In what circumstances are prisoners sent long
distances or outside the Territory for confine-
ment?
213. What penalties or disposition of criminal
cases, other than fines and imprisonment, are
used? Are sentences imposed for definite arid in-
determinate periods? Does the law inflict
47 penalties of corporal punishment, forced residence,
or deportation? If so, under what conditions and
47 limitations? Are these penalties applicable to
both indigenous and nonindigenous inhabitants?_ 25
47 214. What prison legislation has been passed during
the year? 27
215. What changes or reforms with respect to
conditions in prisons have been introduced during
the year? What reforms are planned for the he-
48 mediate future?
216. Describe the nature
47
Page
25
50
50
50
50
207. What is the organization of the department
concerned with the various types of prisons and
penal and correctional institutions? Give the
number, occupations and methods of selection
and training of its staff 26, 27
208. What, in general, are the conditions prevailing
in the prisons and penal and correctional institu-
tions of the Territory, with special reference to
the classification of prisoners, the provisions of
prisons for women, the space assigned to each
prisoner, dietary scales for prisoners, sanitary
conditions, educational, medical and other serv-
ices? 27, 28
209. Are juveniles imprisoned? Are there any
special laws and courts applying to juveniles?
What, if any, special measures are taken on their
behalf in the penal and other correctional institu-
tions? Describe the extent of juvenile delinquency_
210. Are types of labor provided for in a sentence
to imprisonment? If so, for what classes of pris-
oners, for what period of imprisonment, and what
is the nature of the labor and the conditions
under which it is performed? 27
211. For what kinds of work are prisoners used?
Are they employed beyond the confines of the
prison? If so, by government or private em-
ployers, under what methods of supervision, and
under what conditions and remuneration?
27
and methods of prison
discipline
27
217. By what methods may persons sentenced to
imprisonment be released prior to the expiration
of their sentences? Describe the special privileges
that can be earned by prisoners and the extent to
which they may affect their life after release 28
218. Is there any system of probation? 28
11. Educational advancement:
GENERAL
219. What are the main objectives of the educa-
tional policy? 61
220. What are the educational systems and cUrrent
educational programs, both public and private?_ 61, 63
! 64, 68, 72
221. Describe the organization of the department
of education, showing its relation to other educa-
tional bodies. Give the number and type of
personnel employed and the financial proVision
made for it 61, 72
222. What educational legislation or other meakures
have been passed during the year? 72
223. What school building programs are in progress
or have been undertaken, completed, or planned
during the year? To what extent are schools
properly and adequately equipped?
72
SCHOOLS AND CURRICULUM
224. What regulations and authorization govern the
establishment and operation of private schools?_ 72
225. What conditions are attached to any grants
made to private schools? On what basis are the
grants made? 73
25 226. What, generally speaking, is the scope of the
curriculum in each type of school and how it
related to local requirements and to the basic
objectives of the educational policy? If poss:ible,
specify the curriculum for each grade or standard
of the various types of schools_ _ _ _ 61, 63, 64, 65, 66, 72
227. Does the curriculum include the teaching of a
European language, and, if so, how far does this
teaching go? Specify the levels of instruction at
which languages other than European are used as
27 media of instruction. Specify the instances where
202
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the indigenous inhabitants must learn another
vernacular in order to proceed with their educa-
tion. Is there any lingua franca in use?
228. What facilities within the Territory and what
opportunities abroad have been provided for
higher education for both sexes and what has
been done to meet local necessities?
PUPILS
Page
Question Page
238. What steps have been taken to develop in-.
tellectual and cultural activities amongst the
73 indigenous peoples with regard to the press,
literature, art, and scientific research, and what
steps have been taken to develop a feeling of
interdependence? 48, 70, 74, 75
68 239. How many libraries are there in the Territory?
Specify for each the number of books, circulation,
and fees, if any. Are there any traveling
libraries?
240. What attempts have been made to utilize the
services of literate ex-service men and women in
furthering education?
241. What measures have been taken to preserve,
foster and encourage indigenous art and culture:
music, dance, folklore, handicrafts, etc.? Enu-
merate and briefly describe the cultural organiza-
tions and societies, if any, which are active in this
work 69, 74
How many theaters and cinemas are there? 69, 70
242. Are there any archaeological expeditions at
work in the Territory? What are the main
regulations governing their activities and their
discoveries, especially those relating to the re-
moval of objects from the Territory? What
measures have been taken to preserve and protect
archaeological sites, areas and objects? 11, 74
243. What measures have been taken to preserve
and protect living species of flora and fauna hav-
ing scientific or aesthetic significance? Specify
and briefly describe what museums and parks, if
any, are maintained 31
I. Publications:
244. Submit copies of the laws and general regula-
tions issued by the local administration or the
metropolitan government during the year with
respect to the Trust Territory__ _ 103, 137-174, 187-192
J. Research:
245. Under each of the following headings, give an
account of the local facilities, external assistance,
results, recent developments and future plans:
(a) Basic services land or geological survey,
demographic statistics, meteorological research,
etc_ 11,30
(b) Technological research?medical, agricul-
tural, industrial, etc 30, 31, 32, 34, 35-39, 57, 58
(c) Sociological research?economic, legal, edu-
cational, etc 30, 31, 32, 47, 61
Does the Territory maintain a department of an-
thropology or a government anthropologist? If
so, describe the organization, duties and results
of this work. If not, what other provisions are
being made for continuous systematic research by
trained social scientists into both the traditional
and the changing social, political, religious and
economic life of the indigenous inhabitants?__ _ _ 10
K. Suggestions and Recommendations:
246. What has been done to implement the sugges-
tions and recommendations of the Trusteeship
73 Council and the General Assembly? 76, 77
229. If possible, furnish a sketch map of the Terri-
tory showing the distribution in relation to popu-
lation density of the various types of schools, and
the number of pupils in attendance in each area 67, 73
230. If school fees are required, what provisions, if
any, are there for those who cannot pay the fees?
What provisions, if any, are made for transporta-
tion of pupils where schools are far removed;
what, if any, arrangements are made for the
physical education of school children, for their
medical care, school lunches and supervision of
their dietary value? Are any scholarships, bur-
saries, or other aids available to pupils in the
various grades and types of schools? 63, 67, 72
TEACHEAS
231. What are the professional qualifications of
teachers, both indigenous and non-indigenous?
How far is the supply adequate to the demand
and what provision is made for the recruitment
and training of teachers within the Territory and
abroad? By what methods are teachers licensed?_
232. Give the salary scales of the various grades of
teachers and differentiate among categories, if
any
233. Are there teachers' associations or organiza-
tions? Do they publish any journals or bulle-
tins?
ADULT AND COMMUNITY EDUCATION
234. Outline the plans of adult education or mass
education, if any, that have been prepared. Do
they include provisions for utilization of radio,
films, publications and other media of mass
communication? What has been achieved in
practice so far?
235. Are there any schemes to combat illiteracy
and, if so, has any provision been made for assist-
ance by the appropriate international agencies in
anti-illiteracy campaigns? What is the percent-
age of illiteracy by age, sex, and race?
236. What attempts have been made by the Ad-
ministering Authority or by private bodies to
increase the supply of literature available to
literate inhabitants, either in the vernacular or
in other languages? What policy, if any, is there
with regard to the establishment of a common
language?
237. What indigenous languages have been stand-
ardized and established in written form? De-
scribe the measures being taken to carry on this
work where it is considered necessary
70
71
71
69
73
74
70
49
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L. Summary and Conclusions:
247. A short r?m?umming up the principal
events and achievements in the year in relation
to the basic objectives of the Trusteeship System
as stated in the United Nations Charter. In this
section the Administering Authority should give
its own assessment of progress made in the eco-
nomic, political, social and educational fields,
specifying the outstanding problems and targets
for the future iii, iv, v
Give an appreciation of the state of public opinion
in the Territory with special reference to the
reaction to local events and world events
STATISTICAL APPENDIX
I. Population:
Tables showing for the past 5 years, as far as pos-
sible, with reference to sex and to the separate
ethnic and racial groups:
A. The dynamics of the past population growth
and present numbers 79
B. Birth and mortality rates (particularly in-
fan t mortality), the mean expectation of life and
the prospects of population growth 79
C. The distribution of the population by occu-
pations and educational levels 79
I). The density and distribution of the popu-
lation in specific areas 80
E. Migration of the population 49,50
II. Administrative Structure of Government:
Tables and diagrams showing, by Departments of
the Territorial Administration, the positions and
salaries (both principal and subordinate but
exclusive of menial or casual) provided for in
the budget and the number of positions in each
category according to race and sex 81-87
III. Justice and Penal Administrations:
Tables showing:
A. Principal offenses for which individuals
were charged or convicted, and the penalties
imposed 87
B. For each prison or penal institution, the
total number of persons committed, according to
sex and ethnic group, average number of inmates,
number of cells and wards, and the number of
cubic feet of space allotted to each prisoner dur-
ing hours of sleep
C. The dietary scale for prisoners
IV. Public Finance:
Comparative tables showing available detailed
items of revenue and expenditure over a period
of 5 years including the year under review and
the estimates for the following year 88-90
V. Taxation:
Tables showing rates of direct taxes by locality, if
they vary from locality to locality 90
VI. Trade:
Tables showing for the past 5 years, including the
year under review
Question
A. Total volume of trade including
(1) Imports and reexports of bullion and specie_
(2) In the case of imports, both trade and
governmental imports
(3) In the case of exports, reexports as well as
domestic exports
B. Imports of principal commodities by value and
countries of origin and percentage each import
bears to value of total imports
C. Exports of principal commodities by value and
countries of destination, showing percentage each
export bears to the value of total exports
D. Details of reexport and transit trade, including
Page
90
90
90
90
90
90
transit duties 90
E. Tariff schedules covering imports and exPorts 90
VII. Enterprises and Business Organizations:
A. Number of incorporated industrial and trad-
ing establishments and enterprises in urban and
rural areas - 92
B. Number of cooperative societies, credit ',unions
(consumers, agricultural consumers, agricUltural
trading, dairy, credit, housing, other) and their
membership 92
VIII. Housing:
A. Number of dwellings (in hundreds) and Uumber
of persons per room in urban areas 92
B. Number of dwellings commenced and corripleted
during the year 92
C. Number of public structures (Council houses,
municipal schools, churches, men's houses, etc.)
built during the year 92
TX. Production:
A. AGRICULTURE
(1) Table showing acreage devoted to principal
crops and total production of each crop by' quan-
tity and value
(2) Table showing numbers of livestock by prhicipal
categories
H. MINES
92
92
(1) Table showing principal minerals exploited and
total production of each by quantity and value__ 90,92
(2) Table showing number of mines, principal mm-
88 erals exploited, number of workers employed,
88 quantity of minerals exploited per worker 92
C. INDUSTRIES
Table of principal industries showing for each type
of industry the number of establishment, the
number of workers by sex and race, and the total
production in quantity and value
D. FISHERIES
Table showing number of commercial fishing ves-
sels, kinds:, quantities and value of fish and shell
92 procured
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E. OTHER
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XII. Public health:
Tables showing:
A. Number of official and nonofficial registered
physicians, registered surgeons, registered den-
tists, licensed midwives, qualified nurses, medical
assistants, sanitary inspectors, laboratory workers,
and other medical, dental and sanitation per-
sonnel, according to sex and race
B. Number of Government, private, and mis-
92 sion hospitals, mobile clinics, and other medical
institutions, classified according to type
C. For each hospital, the number of wards
and beds, including beds for surgical cases, the
number of qualified medical personnel, the num-
ber of in-patients and out-patients, and the num-
ber of visits of inspection by the administration _
In this table, differentiate between Europeans and
non-Europeans
D. For each clinic or medical center, the number
of medical attendants and the number of patients_
E. Cases of diseases treated in hospitals or
medical centers, with the number of cases cured,
uncured, and fatal for each administrative district,
for each of the major diseases, stating age, sex, and
race of patients
F. Number and nationality of missionaries
engaged in medical work in the Territory
G. Missionary societies engaged in medical
work in the Territory and the amount of Govern-
ment subsidies or grants-in-aid
XIII. Education:
Tables showing:
A. All Government, State-assisted and non-
assisted missionary, or other private schools,
93 classified according to type of instruction (pri-
mary, secondary, vocational, higher, etc.)
B. Number of children of school age, by age,
sex, race, and religion; number of children attend-
ing school; number of children enrolled in ele-
mentary, secondary, and technical schools and
institutions of higher learning; number of students
attending professional schools and universities
abroad
C. Number of teachers in each type of school
(elementary, secondary, technical, and institu-
tions of higher learning), classified by race, sex,
and the subjects they teach
D. Proportion of educational expenditure and
93 a brief analysis of the education budget, indicat-
ing the amounts allocated to elementary, second-
ary, and technical schools and institutions of
higher learning; Government, missionary, and
other private schools; school buildings; teachers'
salaries; publications; libraries; museums; and
other education expenses
E. Number, nationality, and denomination of
missionaries engaged in educational work in the
Territory_
F. Missionary societies engaged in educational
work and the amount of Government subsidies
93 or grants-in-:aid
X. Labor:
Tables showing for the past 5 years:
A. For each of the principal industries or
groups" of industries (agriculture, mines, secondary
industries (manufacturing, construction, etc.),
transport and communications, public admin-
istration, commerce and professional services,
personal services, miscellaneous) and where prac-
ticable for each of the principal occupations
(1) Number of workers employed, distinguish-
ing wage earners and salaried workers;
(2) Where practicable, the number of workers
employed at a distance from their homes, classi-
fied according to period of absence from home;
(3) Average rates of wags per hour, day, week
or other customary period;
(4) Average actual hours of work per day and
per week, distinguishing where practicable normal
hours and overtime;
(5) Where practicable, average earnings per
week;
(6) Where rations are provided by the em-
ployer as part of the remuneration, the ration
scales in force;
(7) Number of industrial accidents, distinguish-
ing fatal and nonfatal accidents;
(8) Number of cases of illness or death due to
occupational disease in each industry or occupa-
tion (e. g. mining) in which such disease is preva-
lent to a significant degree;
(9) Number and duration of industrial dis-
putes and number of workers involved.
Where appropriate, give separate figures for
males and females, and for adults and minors_ _ _ _
Where significant variations occur as between
different ethnic groups in industrial or ccupa-
tional distribution, wage rates, or others of the
characteristics listed above, separate figures
should be given wherever practicable for the
principal ethnic groups concerned 81-87
B. Number of unemployed workers, classified
according to occupation of last or normal em-
ployment. (By "unemployed worker" is meant
a person normally dependent on earnings from
employment who is not actually employed at
the date to which the statistics relate but is
seeking work and is able to take a job if offered
one.)
XI. Cost of Living:
Tables showing average retail prices of the ohief
staple foodstuffs and other items commonly
used or consumed. If possible, give index num-
bers or retail prices weighted in accordance with
average consumption expenditure 93-94
Where substantial differences exist between the
prices paid by, or the consumption patterns of,
different ethnic groups, separate figures should
be given if possible for each of the principal
groups concerned
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94
94
94
95
95
55
95
96
96
96
97
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PICTORIAL SUPPLEMENT
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Native Church, Mokil.
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Outrigger Canoe, INAokii.
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211
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Men's Clubhouse, Ulithi.
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Carolinian Chiefs.
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Carolinian Children.
213
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914
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Native Home, Kwa
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Preparing Breadfruit, Ponape.
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School Children Performing Dance, Ponape.
210
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Drying Copra, MokiL
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Loading Copra on Field Trip Vessel, Caroline Islands.
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21:1
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Outdoor Cooking, Likiep.
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290
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Truk Trading Company, Exterior View.
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221
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Transporting Breadfruit in Pandanus Baskets, Truk.
4)0'9
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Hand'craft Worl