Guam Organic Act of 1950
Encyclopedia
The Guam Organic Act of 1950, ( et seq.) is a United States federal law that redesignated the island of Guam
as an unincorporated territory of the United States, established executive, legislative, and judicial branches, and transferred Federal jurisdiction from the United States Navy
to the Department of the Interior. For the first time in over three hundred years of foreign colonization, the people of Guam had some measure of self-governance, however limited.
Guam was later granted a non-voting delegate
to the U.S. House of Representatives. The Guam delegate is a member of Congress, and can serve on committees, but cannot vote on legislation. See: Delegate (United States Congress)
The first bill providing for an Organic Act and U.S. citizenship was introduced on July 15, 1946 by U.S. Representative Robert A. Grant
of Indiana in the form of H.R. 7044. This provided that Guam be accorded the semi-autonomous status of an Organized territory, with the privilege of sending a delegate to the U.S. House of Representatives. The bill, however, was never even reported out of committee, as was the fate of all the bills introduced during the 79th United States Congress
.
ed by the Guam Assembly. Goldstein allegedly was one of a number of people in violation of a prohibition against Americans owning local businesses. Goldstein and others were accused of using Guamanian "front men" to finance the local businesses. Goldstein, however, refused to testify, having received unofficial support from Naval Governor
Charles Alan Pownall
(1949-1953). Pownall had vetoed the power of the Guam Assembly to subpoena Americans in October 1948.
When Goldstein refused to testify, the Guam Assembly declared him guilty of contempt and issued a warrant
for his arrest. Governor Pownall then intervened and halted execution of the warrant by police
. Angered and frustrated by what they saw as a lack of respect and authority, the Guam Assembly walked out en masse on March 6, 1949. Governor Pownall ordered them to return, but when the assemblymen refused, he dismissed them.
This dramatic encounter received international attention and widespread publicity (through the help of Assemblyman Carlos P. Taitano) that generated a great deal of support for self-government
and U.S. citizenship for the people of Guam. Though the Assemblymen were later reinstated by Governor Pownall, U.S. citizenship and some form of self-government had already become a foregone conclusion.
, U.S. President Harry S. Truman
, issued Executive Order No. 10077 on September 7, 1949, which stipulated that:
In accordance with this order, Carlton Skinner
, a public relations officer in the Department of Interior, was selected by Interior, nominated by the Navy, and then appointed by President Truman to serve as Guam’s first civilian Governor. He took the oath of office on September 17, 1949.
On October 3, 1949, the House Public Lands Committee reported that H.R. 4499, containing provisions that later became known as the Organic Act of Guam, would be enacted. Guam, as an unincorporated territory, was also granted, among other things, some leeway in establishing its judicial branch.
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
as an unincorporated territory of the United States, established executive, legislative, and judicial branches, and transferred Federal jurisdiction from the United States Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
to the Department of the Interior. For the first time in over three hundred years of foreign colonization, the people of Guam had some measure of self-governance, however limited.
The act's provisions
The Organic Act (as it became known on Guam) provided for:- an executive branch headed by a governor appointed by the President of the United StatesPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. It was not until the Elective Governor Act of 1968 that the residents of Guam were given the right to vote for their own governor; - a unicameral (single-body) legislature of up to 21 members (which was reduced to 15 members in 1996), elected by the residents of Guam. This was the first time Guam residents were given the right to vote for the body that created the laws that governed them, for the most part. The ultimate laws that govern Guam are still those of the U.S. Congress, a body in which Guam residents still have no vote;
- a court system with judges appointed by the Governor of Guam and re-elected by Guam voters;
- United States citizenship for the residents of Guam. Prior to this, Guam residents were citizens of no country, except those who were naturalized in the U.S. mainland or who had served in the U.S. military; and
- a limited Bill of RightsBill of rightsA bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
.
Guam was later granted a non-voting delegate
Delegate
A delegate is a person who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level A delegate is a person who speaks or acts on behalf of an organization (e.g., a government, a charity, an NGO, or a trade union) at a meeting or conference...
to the U.S. House of Representatives. The Guam delegate is a member of Congress, and can serve on committees, but cannot vote on legislation. See: Delegate (United States Congress)
Delegate (United States Congress)
A delegate to Congress is a non-voting member of the United States House of Representatives who is elected from a U.S. territory and from Washington, D.C. to a two-year term. While unable to vote in the full House, a non-voting delegate may vote in a House committee of which the delegate is a member...
The first bill providing for an Organic Act and U.S. citizenship was introduced on July 15, 1946 by U.S. Representative Robert A. Grant
Robert A. Grant
Robert Allen Grant was a U.S. Representative from Indiana, and later a United States federal judge.Born near Bourbon, Indiana, Grant moved to Hamlet, Indiana, in 1912 and to South Bend, Indiana, in 1922....
of Indiana in the form of H.R. 7044. This provided that Guam be accorded the semi-autonomous status of an Organized territory, with the privilege of sending a delegate to the U.S. House of Representatives. The bill, however, was never even reported out of committee, as was the fate of all the bills introduced during the 79th United States Congress
79th United States Congress
The Seventy-ninth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1945 to January 3, 1947, during the last months of...
.
The Guam Assembly "walkout"
The issue of local authority came to a head in February 1949, when Abe Goldstein, a civil service employee of the U.S. Navy, was subpoenaSubpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
ed by the Guam Assembly. Goldstein allegedly was one of a number of people in violation of a prohibition against Americans owning local businesses. Goldstein and others were accused of using Guamanian "front men" to finance the local businesses. Goldstein, however, refused to testify, having received unofficial support from Naval Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Charles Alan Pownall
Charles Alan Pownall
Charles Alan Pownall was a Rear Admiral in the United States Navy and Governor of Guam . He was the third military Governor and first naval Governor of Guam following the United States recapture of the island from the Japanese...
(1949-1953). Pownall had vetoed the power of the Guam Assembly to subpoena Americans in October 1948.
When Goldstein refused to testify, the Guam Assembly declared him guilty of contempt and issued a warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
for his arrest. Governor Pownall then intervened and halted execution of the warrant by police
Guam Police Department
The Guam Police Department is the law enforcement agency for Guam, which has jurisdiction across the entire territory, except for areas covered by the port, airport and military bases....
. Angered and frustrated by what they saw as a lack of respect and authority, the Guam Assembly walked out en masse on March 6, 1949. Governor Pownall ordered them to return, but when the assemblymen refused, he dismissed them.
This dramatic encounter received international attention and widespread publicity (through the help of Assemblyman Carlos P. Taitano) that generated a great deal of support for self-government
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
and U.S. citizenship for the people of Guam. Though the Assemblymen were later reinstated by Governor Pownall, U.S. citizenship and some form of self-government had already become a foregone conclusion.
President Truman steps in
To pacify the island until the U.S. Congress could pass an Organic ActOrganic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
, U.S. President Harry S. Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
, issued Executive Order No. 10077 on September 7, 1949, which stipulated that:
- The administration of the island of Guam is hereby transferred from the Secretary of the NavyUnited States Secretary of the NavyThe Secretary of the Navy of the United States of America is the head of the Department of the Navy, a component organization of the Department of Defense...
to the Secretary of the InteriorUnited States Secretary of the InteriorThe United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
, effective on July 1, 1950 (later amended to August 1, 1950 by Executive Order No. 10137).
- The Department of the Navy and the Department of the Interior shall proceed with plans for transfer of administration of the island of Guam as explained in the above mentioned memorandum of understanding.
- When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in the island of Guam.
- 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.
- The said Executive Order No. 108-A of December 23, 1898 is revoked, effective July 1, 1950 (later amended to August 1, 1950 by Executive Order No. 10137).
- "The people of Guam were afforded the opportunity to set and administer policy and laws for the island of Guam."
In accordance with this order, Carlton Skinner
Carlton Skinner
Carlton S. Skinner was the first civilian governor of Guam and a prominent advocate for the integration of the United States Armed Forces...
, a public relations officer in the Department of Interior, was selected by Interior, nominated by the Navy, and then appointed by President Truman to serve as Guam’s first civilian Governor. He took the oath of office on September 17, 1949.
On October 3, 1949, the House Public Lands Committee reported that H.R. 4499, containing provisions that later became known as the Organic Act of Guam, would be enacted. Guam, as an unincorporated territory, was also granted, among other things, some leeway in establishing its judicial branch.