1st Session

No. 680

AMENDING SECTION 16 OF THE HAWAIIAN ORGANIC ACT RELATIVE TO DISQUALIFICATION OF LEGISLATORS

MAY 26, 1949.-Referred to the House Calendar and ordered to be printed

Mr. REDDEN, from the Committee on Public Lands, submitted the

following

REPORT

[To accompany H. R. 4000]

The Committee on Public Lands, to whom was referred the bill (H. R. 4000) to amend section 16 of the Hawaiian Organic Act relative to disqualification of legislators, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment is as follows:

Page 1, lines 8 and 9, strike out everything following the word "Hawaii" on line 8, and insert in lieu thereof the phrase:

: Provided, That nothing in this Act shall prevent a member of the legislature from serving as a delegate to a constitutional convention.

EXPLANATION OF THE BILL

The purpose of this bill is to permit members of the Legislature of the Territory of Hawaii to stand for election as delegates to a State constitutional convention that would be held under either the authority of a Federal enabling act or the legislation enacted for this purpose by the Legislature of the Territory of Hawaii.

No expenditure of Federal funds is required. The bill was introduced at the request of the Territorial legislature. The legislature already has enacted a measure that provides the necessary Territorial authority and the funds needed to hold a constitutional convention.

The Hawaiian Organic Act prohibits the election or appointment of any member of the legislature to any other Territorial office during the term for which he is elected. Since the Attorney General of Hawaii has ruled that the position of a delegate to the constitutional convention would come within the organic act prohibition, the members of the legislature, most of whom have long experience in the field of government, would be barred from serving as convention delegates.

H. R. 4000 has been amended by the committee to clarify its meaning. As originally introduced, the language of H. R. 4C00 would nullify the organic act prohibition contained in section 16. The committee amendment makes it clear that the organic act is amended only in order to enable members of the legislature to stand for election as convention delegates.

Pertinent paragraphs from the favorable report of the Department of the Interior are set forth below and made a part of this report: DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D. C., May 11, 1949

I recommend that the bill be enacted if amended as hereinafter indicated. Section 16 of the Organic Act of Hawaii (31 Stat. 145, 48 U. S. C. 1946 ed., sec. 588) prohibits the election or appointment of any member of the legislature to any other Territorial office during the term for which he is elected. The purpose of this legislation is to enable members of the Territorial legislature to serve as delegates to the constitutional convention to be called as soon as the Congress enacts H. R. 49, a bill to enable the people of Hawaii to form a constitution and State government and to be admitted into the Union on an equal footing with the Original States. The Attorney General of Hawaii has recently ruled that the position of a delegate to the constitutional convention is an ofee within purview of the prohibition of section 16. H. R. 4000 would amend the section by adding the phrase "except as otherwise provided by the Legislature of the Territory of Hawaii." This amendment, if enacted as proposed, would make section 16 meaningless, because the prohibition would be nullified by the exception.

I suggest, therefore, the adoption of the following amendment: Delete the words "except as otherwise provided by the Legislature of the Territory of Hawaii" and insert in lieu thereof the phrase ": Provided, That nothing in this Act shall prevent a member of the legislature from serving as a delegate to a constitutional convention."

The purpose of this legislation is worth while and I recommend that the bill with the proposed amendment be enacted.

The Committee on Public Lands believes that members of the Territorial Legislature of Hawaii should not be prohibited from bringing to a constitutional convention the benefit of their governmental knowledge and experience. The enactment of H. R. 4000, as amended, is unanimously recommended.

RAMSEYER RULE

Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed changes in existing law are indicated below with the matter proposed to be omitted in black brackets and the new matter proposed to be inserted in italics:

ACT OF APRIL 30, 1900 (31 STAT. 145, 48 U. S. C. 1946 ED., SEC. 588) That no member of the legislature shall, during the term for which he is elected, be appointed or elected to any office of the Territory of Hawaii [.]: Provided, That nothing in this Act shall prevent a member of the legislature from serving as a delegate to a constitutional convention.

AUTHORIZING THE SECRETARY OF THE INTERIOR TO CONVEY ABANDONED SCHOOL PROPERTIES IN THE TERRITORY OF ALASKA TO LOCAL SCHOOL OFFICIALS

MAY 26, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. REDDEN, from the Committee on Public Lands, submitted the following

REPORT

[To accompany H. R. 21211

The Committee on Public Lands, to whom was referred the bill (H. R. 2121) to authorize the Secretary of the Interior to convey abandoned school properties in the Territory of Alaska to local school officials, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows:

Page 1, line 4, strike out the words "authorized, in his discretion," and insert in lieu thereof the word "directed".

Amend the title so as to read:

A bill to direct the Secretary of the Interior to convey abandoned school properties in the Territory of Alaska to local school officials.

EXPLANATION OF THE BILL

H. R. 2121 directs the Secretary of the Interior to transfer to local school officials in the Territory of Alaska for school or public purposes federally owned land and buildings that are no longer required by the Alaska Native Service. No expenditure of Federal money is required.

The properties affected by this legislation are those formerly operated by the Alaska Native Service as day schools for native children. Due to appropriation cuts, the Alaska Native service has discontinued operating schools at points where the Territorial government operates a school for white children. The Indian service has offered the use of its school plants to the Territorial government to help accommodate the additional enrollment.

Immediate action on this bill is requested by the Department of the Interior since no Federal funds are available for maintaining the

abandoned buildings. The Territorial government feels that the buildings are the responsibility of the Federal Government until the transfer is completed. After the transfer is authorized, the Territorial government will maintain the buildings and carry insurance thereon.

The committee has adopted an amendment which "directs" the Secretary of the Interior to transfer the properties instead of leaving it to his discretion as originally written. This step was taken so that the Territorial government will be assured as to the intentions of the Federal Government and can make the necessary financial and administrative arrangements. In the event the properties are not used for school or public purposes, they revert to the Federal Government. Pertinent comments from the favorable report of the Department of the Interior are set forth below and made a part of this report:

Prior to 1948 there were stations in Alaska where the Alaska Native Service operated a Federal day school for natives and the Territorial government operated a school for whites. The cut in the Alaska appropriation in 1948 made it necessary to close 39 classroom units and 22 of those selected to be closed were at stations where the Territorial government was operating a school. Thus with the closing of schools at these stations, school facilities were not denied the children but arrangements had to be made for the local authorities to accept the native children in their schools. In all but one instance, the Territorial schools agreed to accept the native children. The Indian Service offered the use of its school plants to the Territorial government in order to provide for the additional enrollment.

H. R. 2121 is designed to accomplish the transfer of the buildings and sites now the property of the Federal Government to the local authorities, without reimbursement, for so long a period as they are needed for school or public purposes. At present there are 14 stations where the local authorities desire the use of Federal buildings. Details of the transfer have been received in six instances. As arrangements are completed at other stations, there will from time to time be similar transfers. The legislation is therefore designed in its present terms to be broad enough to permit any such transfers now or in the future as the Secretary of the Interior may deem proper from time to time.

The immediate necessity for such legislation is that no funds are available for maintenance of abandoned buildings. The Territorial government is insisting that the buildings are the responsibility of the Federal Government until the transfers are completed. When the transfer is effective, the Territorial governmer.t will keep the buildings covered by insurance and will keep them maintained. H. R. 2121 makes provision for the return of the property when it ceases to be used for public purposes.

The Bureau of the Budget has advised me that there is no objection to the presentation of this report to your committee.

The Committee on Public Lands unanimously recommend the enactment of H. R. 2121, as amended.