Public Law 749.
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/statutes-at-large/vol-49/public-law-749·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(/us/pl/74/622).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Walker River Indian Reservation, Nev.Certain public lands added to.Location. That the Secretary of the Interior be, and he is hereby, authorized to set aside not to exceed one hundred and seventy-one thousand two hundred acres, or so much thereof as he may deem advisable, of the public-domain 1807lands in townships 11, 12, 13, 14, and 15 north, ranges 27, 28, 29, 30, and 31 east, Mount Diablo meridian, Nevada, as an addition to the Walker River Indian Reservation: *Provided*, That the said withdrawal *Proviso.*Prior rights not affected.Stock driveways.shall not affect any valid rights initiated prior to the approval hereof: *Provided further*, That the Secretary of the Interior shall arrange, either by the maintenance of existing stock driveways or otherwise, to permit stock owned by others than Indians to cross the reservation at designated points.
Executive order of November Executive order revoked.Vol. 48. p. 1269.[U. S. C., p. 1851.](/us/usc/1851)26, 1934, temporarily withdrawing public-domain lands for classification, and so forth, under the Taylor Grazing Act of June 28, 1934 (ch. 865, 48 Stat. L. 1269), is hereby revoked as to such of the above-described lands as may be designated by the Secretary of the Interior for addition to the said Walker River Indian Reservation. Sec. 2. Title to all minerals in said lands is hereby reserved toMineral rights reserved. the United States and shall be subject to all forms of mineral entry or claim under the public land mining laws: *Provided*, That the *Provisos.*Payments to Paiute Indians.Paiute Indians of the Walker River Reservation shall be paid by mineral claimants for the loss of any improvements on any lands located or withdrawn for mining purposes under rules and regulations to be prescribed by the Secretary of the Interior: *And provided further*, That an annual rental of not less than 5 cents per acre Rental payments.shall be paid to the superintendent of the reservation to be deposited to the credit of the tribe as compensation for loss of use or occupancy of any lands withdrawn for mining purposes or mineral entry.
No Denial of patent if rent in arrears, etc.mineral patent shall be granted to any applicant who is delinquent in the payment of rental or in the payment of any damages due the tribe under the provisions of this Act. Approved, June 22, 1936. To provide a civil government for the Virgin Islands of the United States. 1936-06-22 699 Chapter 49 Stat. 1807 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-01-07 public [CHAPTER 699.] AN ACT To provide a civil government for the Virgin Islands of the United States. June 22, 1936.[[S. 4524](/us/bill/74/s/4524).][[Public, No. 749](/us/pl/74/749).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the provisions Organic Act of the Virgin Islands of the United States.Territorial limits defined.of this Act, and the name “the Virgin Islands” as used in this Act, shall apply to and include the territorial domain, lands and waters acquired by the United States through cession of the Danish West Indian Islands by the convention between the United States of America and His Majesty the King of Denmark entered into August 4, 1916, and ratified by the Senate on September 7, 1916 (39 Stat.
Vol. 39, p. 1706.L. 1706). Sec. 2. The insular possession which is the Virgin Islands shall be Subdivisions.Municipality of Saint Croix.Municipality of SaintThomas and Saint; John.Boundaries.Capital at Saint Thomas.“The Government of the Virgin Islands” defined.divided into two municipalities, namely,
(1)the municipality of Saint Croix and
(2)the municipality or Saint Thomas and Saint John. The boundaries of said municipalities shall be the same as at present established in accordance with laws in force on the date of enactment of this Act, and the capital and seat of the central government shall be Saint Thomas. In this Act the phrase “the rovernment of the Virgin Islands” shall include, in addition to the governing authority of the insular possession, the governing authority of the two municipalities, unless the context shall indicate a different intention. Sec. 3. The inhabitants of the municipality of Saint Croix and Saint Croix, Saint Thomas and Saint John.of the municipality of Saint Thomas and Saint John are hereby constituted into bodies politic and juridic, under the present name of each such municipality, and as such bodies they shall have perpetual Powers conferred.succession and power
(a)to adopt and use an official seal;
(b)to sue and in cases arising out of contract to be sued;
(c)to demand the 1808fulfillment of obligations under the law and to defend and prosecute all actions at law;
(d)to acquire property by purchase, exchange, donation or bequest, by virtue of proceedings for the collection of taxes, by eminent-domain proceedings, or by any other means provided by law, and to possess, administer, and govern such property ; and
(e)to alienate or encumber any of their property, subject to the provisions of this Act. Sec. 4. Transfer of property to Virgin Islands. All property which may have been acquired by the United States from Denmark in the Virgin Islands under the convention entered into August 4, 1916, not heretofore or within one year hereafter reserved by the United States for public purposes, is hereby placed under the control of the Government of the Virgin Islands: *Provisos.*Application of certain United States laws.*Provided*, That, except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interest of navigation and commerce shall apply to the Virgin Islands: *Provided further*, Authorizations, etc., heretofore granted not impaired.That nothing in this Act shall be construed to affect or impair in any manner the terms and conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of the Virgin Islands by any authorized officer Disposal of surplus property.or agent of the United States: *Provided further*, That the Secretary of the Interior shall be authorized to lease or to sell upon such terms as he may deem advantageous to the Government of the United States any property of the United States under his administrative supervision in the Virgin Islands not needed for public purposes. Legislative branch.legislative branch Sec. 5.“Municipal Council of Saint Croix.” All local legislative powers in the municipality of Saint Croix, except as herein otherwise provided, shall be vested in a local legislative assembly, which shall be designated the “Municipal Council Composition, tenure of office, districts.of Saint Croix.” Said council shall consist of nine members elected by the qualified electors of the municipality for a term of two years beginning the 1st day of January next succeeding the date of election. The members shall be elected in four representative districts, two of which shall be the town of Christiansted and the country district thereof, and two of which shall be the town of Frederiksted and the country distinct thereof, as defined by law in *Proviso.*Apportionment.force on the date of enactment of this Act: *Provided*, That two members shall be elected for each of said districts and one member at large. Sec. 6.“Municipal Council of Saint Thomas and Saint John.” All local legislative powers in the municipality of Saint Thomas and Saint John, except as herein otherwise provided, shall be vested in a local legislative assembly which shall be designated Composition, tenure of office, districts.the “Municipal Council of Saint Thomas and Saint John.” Said council shall consist of seven members elected by the qualified electors of the municipality for a term of two years beginning the 1st day of January next succeeding the date of election. The members shall be elected in three representative districts, one of which shall be the town district and one the country district of Saint Thomas, and one the district of Saint John, as defined by law in *Proviso.*Apportionment.force on the date of enactment of this Act: *Provided*, That two members shall be elected for each of the districts of Saint Thomas, one member for the district of Saint John, and two members at large. Sec. 7.“Legislative Assembly of the Virgin Islands.”Joint sessions of municipal councils to so constitute, etc. After January 1, 1937, joint sessions of said municipal councils shall constitute and shall be designated the “Legislative Assembly of the Virgin Islands.” The legislative assembly shall convene in Saint Thomas upon call by the Governor, and also whenever both municipal councils shall determine by resolutions passed 1809by each of them: *Provided*, That the Governor shall call the legislative *Provisos.*Call by Governor, Enactment of local legislation; limitation.assembly at least once during each calendar year. The legislative assembly shall have power to enact legislation applicable to the Virgin Islands as a whole, but no legislation shall be considered other than that specified in the message by the Governor calling such a session, or in both of said resolutions: *Provided further*, That so Quorum.long as the membership of the legislative assembly does not exceed sixteen members, a quorum of the legislative assembly shall consist of not less than ten members, and no bill shall be enacted until it Two-thirds majority vote for passage.shall be passed by a two-thirds majority vote of the members present. The municipal councils shall not enact laws or ordinances in conflict Conformity requirements.with the enactments of the legislative assembly. Sec. 8. The present colonial councils shall continue to function Present councils to continue until 1937.General elections; time for holding, purposes of, etc.until January 1, 1937. The next general election in the Virgin Islands shall be held on November 3, 1936. At such election there shall be chosen the entire membership of each municipal council as herein provided. Thereafter the elections shall be held on the first Tuesday after the first Monday in November, beginning with the year 1938, and every two years thereafter. The terms of office of members of Terms of present municipal officers.the respective colonial councils of the municipalities of Saint Thomas and Saint John and of Saint Croix, whose terms of office under existing law would expire prior to January 1, 1937, are hereby extended to that date. Sec. 9. No pereon shall be eligible to be a member of either Municipal councils., membership qualifications.municipal council unless he is a citizen of the United States, over twenty-five years of age, is a qualified voter of the municipality in which elected, has resided in the Virgin Islands for a period of not less than three years next preceding the date of election, and has not been convicted of a felony or of a crime involving moral turpitude. Each municipal council may exclude from membership Members receiving Federal pay.therein persons receiving compensation from the Government of the United States or from either of the municipal governments of the Virgin Islands. Sec. 10. The members of each municipal council shall receive allowance Travel and subsistence allowances.for actual travel expenses and such reasonable subsistence as may be prescribed by the council. Sec. 11. The respective municipal councils shall be the sole judges Municipal councils to be sole judges of their membership, etc.of the elections, returns, and qualifications of their members, shall be vested with the authority and attributes inherent in legislative bodies, and shall jointly or separately have the power to institute andOther powers. conduct investigations, issue subpenas to witnesses and other parties concerned, and administer oaths. Existing rules of the colonial Continuance of rules in force.councils shall continue in force and effect, except as inconsistent with this Act, until altered, amended, or repealed by the respective municipal councils. No member shall be held to answer before any tribunal Immunity and privilege from arrest of members.other than the respective municipal councils themselves for any speech or debate in the municipal councils and the members shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the municipal councils and in going to and returning from the same. Sec. 12. Each municipal council shall annually appoint from “Municipal Committee.”Appointment, [a-z]uties, procedure, powers, etc.among its members, for a term of one year, three members to serve as a standing committee, which, under the name of the “Municipal Committee”, shall advise the Governor concerning the management of the fiscal affairs of the municipality, and concerning matters relating to the municipality. The procedure of the Municipal Committee shall be in accordance with bylaws adopted by the municipal council and approved by the Governor. The Municipal Committee shall have power when granted by local law to recommend to the Governor 1810transfers between items in the annual budgets, and loans from municipal funds, but no such transfers or loans shall be made by the Governor except upon the recommendation of the Municipal Committee. Sec. 13.Municipal council meetings. Each municipal council shall assemble for ordinary meetings on a certain day of every second month, which day shall be previously fixed by the Governor for the whole year, and for extraordinary meetings at the call of the Governor or the chairman of the council. The Governor may postpone the meetings of the municipal councils, but not for a longer period than fourteen days. The Municipal Council of Saint Thomas and Saint John shall convene at Saint Thomas, and the Municipal Council of Saint Croix shall convene at Christiansted. Sec. 14. Governor; introduction of bills by; submission of budget estimates; reports, etc. The Governor may introduce bills in the respective municipal councils. The Governor shall submit to the respective municipal councils, at least ninety days before the close of each fiscal year, a budget of estimated receipts and expenditures for the respective municipalities, which shall be the basis for the annual local appropriation bills for such municipalities. He shall from time to time submit to the respective municipal councils such reports concerning the fiscal affairs of the municipalities as may be requested by resolution of either municipal council. Sec. 15.Municipal council quorum.Enactment requirements. The quorum of each municipal council shall consist of an absolute majority of all its members. No bill shall become a law until it shall be passed by a majority (yea-and-nay) vote of the members present and voting of the municipal council having jurisdiction, entered upon the journal, and approved by the Governor, Journal of proceedings.except as otherwise herein provided. Each municipal council shall keep a journal of its proceedings and publish the same during the year, and the yeas and nays of the members voting on any question shall be entered on the journal. Sec. 16.Local new legislation, repeals, amendments, etc. New legislation, and repeals, alterations, and amendments of local laws of the Virgin Islands by the municipal council having jurisdiction, and by the legislative assembly, shall be effective and enforced when, and to the extent, such new legislation, repeals, alterations, and amendments are approved by the Governor, and the Governor shall state specifically in each case whether his approval or disapproval is in whole or in part, and if in part only, Veto powers of Governor.what part is approved and what part not approved. The Governor may veto any specific item or items in any bill which appropriates money for specific purposes, but shall veto other bills, if at all, only as a whole. If any bill passed by the municipal council having jurisdiction or by tfie legislative assembly be disapproved in whole or in part by the Governor, the Governor shall within thirty calendar days return such bill to the said municipal council or to the legislative assembly, whether in actual session or not, setting forth Passage over veto.his objections. If after reconsideration by the legislative body having jurisdiction two-thirds of all the members of the said body-pass such bill or part thereof, it shall be sent to the Governor who, in case he shall not then approve it, shall transmit the same to the Presentation and action of the PresidentPresident. If the President approves such bill or part of bill, he shall sign it and it shall become law; if he does not approve such bill or part of bill, he shall return it to the Governor, so stating, and it shall not become law. If any bill shall not be returned by the Governor as herein provided within thirty calendar days after it shall have been presented to him the same shall become a law in like manner as if he had signed it. The President shall approve or disapprove an act submitted to him under the provisions of this section within three months from and after its presentation for his 1811approval; and if not acted upon within such time, it shall become a law the same as if it had been specifically approved. All laws Power of Congress to annul legislation.enacted by the Municipal Council of Saint Croix, by the Municipal Council of Saint Thomas and Saint John, or by the legislative assembly, shall be reported by the Governor to the Secretary of the Interior, and by him to the Congress, which hereby reserves the power and the authority to annul the same. The laws not annulled Annual publication of laws.Continuance of certain appropriations.shall be published annually as a public document. If at the termination of any fiscal year the appropriation necessary for the support of the municipal government for the ensuing fiscal year shall not have been made, then the several sums apropriated11So in original. in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated, item by item; and until the municipal council of the municipality having jurisdiction shall act in such behalf, the Governor may make the payments and collections necessary for the purpose aforesaid. Sec. 17. Beginning on January 1, 1938, or on such earlier date Franchise; qualifications.subsequent to January 1, 1937, as may be fixed by local law or ordinance for either municipality, and thereafter, the franchise shall be vested in residents of the Virgin Islands who are citizens of the United States, twenty-one years of age or over, and able to read and write the English language. Additional qualifications may be prescribed by the legislative assembly: *Provided, however*, That no *Proviso.*No property or income qualification.No racial, sex, or religious disqualification.property or income qualification shall ever be imposed upon or required of any voter, nor shall any discrimination in qualification be made or based upon difference in race, color, sex, or religious belief. Sec. 18. The laws of the United States applicable to the Virgin Applicability of United States laws.Islands on the date of enactment of this Act, and all local laws and ordinances in force on such date in the Virgin Islands, not inconsistent with this Act, shall continue in force and effect: *Provided*, That *Proviso.*Power of councils to amend, etc.the Municipal Council of Saint Croix and the Municipal Council of Saint Thomas and Saint John, and the legislative assembly, shall have power, when not inconsistent with this Act and within their respective jurisdictions, to amend, alter, modify, or repeal any law of the United States of local application only, or any ordinance, public or private, civil or criminal, continued in force and effect by this Act, except as herein otherwise provided, and to enact new laws and ordinances not inconsistent with this Act and not inconsistent with the laws of the United States hereafter made applicable to the Virgin Islands or any part thereof, subject to the power of the Congress to annul the same. The laws of the United States relating Patent, trade mark, and copyright laws.to patents, trade marks, and copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in the Virgin Islands as in the continental United States, and the District Court of the Virgin Islands shall have the same jurisdiction in causes arising under such laws as is exercised by United States district courts. Sec. 19. The legislative power of the Virgin Islands shall extend Legislative power; scope.to all subjects of local application not inconsistent with this Act or the laws of the United States made applicable to said islands, but no law shall be enacted which would impair rights existing or arising by virtue of any treaty entered into by the United States, nor shall the lands or other property of nonresiclents be taxed higher than the lands or other property of residents. 1812 Executive branch.executive branch Sec. 20.Governor of the Virgin Islands, appointment, tenure of office, residence, powers, etc. The executive power of the Virgin Islands and of the municipalities thereof shall be vested in an executive officer whose title shall be “the Governor of the Virgin Islands” and shall be exercised under supervision of the Secretary of the Interior. The Governor shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office at the pleasure of the President and until his successor is chosen and qualified. The Governor shall reside in the Virgin Islands during his official incumbency. He shall have general supervision and control of all executive and administrative departments, bureaus, and offices of the Government of the Virgin Islands. He shall faithfully execute the laws of the United States applicable to the Virgin Islands, and the laws and ordinances of the Virgin Islands. He may grant pardons and reprieves and remit fines and forfeitures for offenses against the local laws, and may grant respites for all offenses against the applicable laws of the United States until the decision of the President can be ascertained. He may veto any legislation as provided in this Act. He shall commission all officers that he may be authorized to appoint. He may call upon the commanders of the military and naval forces of the United States in the islands, or summon the posse comitatus, or call out the militia, to prevent or suppress violence, invasion, insurrection, or rebellion ; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the islands, or any part thereof, under martial law, until communication can be had with the President and the President’s decision thereon made known. Reports by.He shall annually, and at such other times as the President or the Congress may require, make official report of the transactions of the Government of the Virgin Islands to the Secretary of the Interior, and his said annual report shall be transmitted tothe Congress. He shall perform such additional duties and functions as may, in pursuance of law, be delegated to him by the President, or by the Secretary of the Interior. He shall have the power to issue executive regulations not in conflict with any applicable law or ordinance. He shall attend or may depute another person to represent him at the meetings of the legislative authorities herein established, and may give expression to his views on any matter before such bodies. Sec. 21.Government Secretary, appointment, powers, duties, etc. The President shall appoint a Government Secretary for the Virgin Islands, who shall have all the powers of the Governor in the case of a vacancy or temporary removal, resignation, or disability of the Governor, or in case of his temporary absence. He shall have custody of the seal of the Virgin Islands and shall counter-sign and affix such seal to all executive proclamations and all other executive documents. He shall, when practicable, attend all meetings of the Municipal Council of Saint Thomas and Saint John, before which body he shall give expression to the advice of the Governor. He shall record and preserve the laws enacted by the legislative authorities herein established. He shall promulgate all proclamations and orders of the Governor and all laws enacted by said legislative authorities. He shall have all such executive powers and perform such other duties as may be prescribed by law or assigned to him by the Governor. Sec. 22.Administrator for Saint Croix, appointment, duties, etc. The Secretary of the Interior shall appoint an Administrator for Saint Croix, who shall act for the Governor in the administration of the affairs of the municipality of Saint Croix. He shall, when practicable, attend all meetings of the Municipal Council of Saint Croix, before which body he shall give expression to the advice 1813of the Governor. He shall exercise supervision over all administrative departments in the municipality of Saint Croix, subject to the direction of the Governor. Sec. 23. The Secretary of the Interior shall appoint such other Other executive and administrative officers.executive and administrative officers as may, in his discretion, be required. Such officers shall have such powers and duties as may be conferred or imposed upon them by law or ordinance, or by order of the Secretary of the Interior or executive regulation of the Governor not inconsistent with any such law or ordinance. The salary Payment of salaries.of all executive officers and employees appointed by the President or by the Secretary of the Interior shall Tenure: appointment of natives.be paid from funds appropriated for the Government of the Virgin Islands by the Congress in annual appropriation bills, or as may be otherwise provided by law. The officers appointed by the Secretary of the Interior shall hold office during his pleasure, and in mailing such appointments the Secretary shall give due consideration to natives of the Virgin Islands. Sec. 24. The Governor shall appoint, by and with the advice and Officers and employees of municipal governments.consent of the municipal council having jurisdiction, all salaried officers and employees of the municipal governments whose salaries are provided for in the budgets of the municipal governments. In Vacancies.the event of a vacancy in any appointive office under the Government of the Virgin Islands, or the absence, illness, or temporary disqualification of any appointive officer, the Governor shall designate an officer or employee of the Government of the Virgin Islands to discharge the functions of such officer during such vacancy, absence, illness, or temporary disqualification. judicial branchJudicial branch. Sec.. 25. The judicial power of the Virgin Islands shall be vested District Court of the Virgin Islands and inferior local courts provided.in a court to be designated “the District Court of the Virgin Islands” and in such court or courts of inferior jurisdiction as may have been or may hereafter be established by local law: *Provided*, That the *Proviso.*Superior Court of the Virgin Islands, jurisdiction, etc.legislative assembly may provide for the organization and conduct of a Superior Court of the Virgin Islands and may transfer from the district court to such Superior Court jurisdiction over any or all causes other than those arising under the laws of the United States. Appeals from the Superior Court shall be as provided by law in the case of appeals from the district court. Sec. 26. The President shall, by and with the advice and consent Judge a nd district attorney; appointment; tenure.of the Senate, appoint a judge and a district attorney for the District Court of the Virgin Islands who shall hold office for the term of four years and until their successors are chosen and qualified unless sooner removed by the President for cause. The Attorney General shall appoint and fix the compensation of Compensation.all other officers necessary for the transaction of the business of the district court, and the compensation of the judge of the district court, and of the district attorney, and the administrative expenses of such court shall be paid from appropriations made for the Department of Justice. The duties of such officers shall be prescribed by lawDuties.or ordinance and by order of the Attorney General not inconsistent therewith: *Provided*, That the Governor may call upon the district*Proviso.*Legal advice. attorney to advise him upon any legal questions concerning the administration of the Government of the Virgin Islands. Sec. 27.The District Court of the Virgin Islands shall consist District Court; divisions.of two divisions, one constituted by the municipality of Saint Croix and one constituted by the municipality of Saint Thomas and Saint John, as defined by local law in force on the date of enactment of this Act. The judge of the district court shall hold court in eachTerms.1814division at such time as he may designate by order, at least once in Rules of practice and procedure.two months in each division. The rides of practice and procedure in such district court shall be prescribed by law or ordinance or by rules and regulations of the district judge not inconsistent with law Running of process.or ordinance. The process of the district court shall run throughout the Virgin Islands. Sec. 28.Jurisdiction of district court. The district court shall have jurisdiction of—
(1)All criminal cases under the laws of the respective municipalities or under the laws of the United States applicable to the Virgin Islands;
(2)All cases in equity;
(3)All cases in admiralty;
(4)All cases of divorce and annulment of marriage;
(5)All cases at law involving principal sums exceeding $200;
(6)All cases involving title to real estate;
(7)All appeals from judgments rendered in the inferior courts;
(8)All matters and proceedings not otherwise hereinabove provided for which, on the date of enactment of this Act, were within the jurisdiction of the District Court of the Virgin Islands, or of the judge thereof, or which may hereafter be placed within the jurisdiction of the District Court of the Virgin Islands, or of the judge thereof, by local law. Concurrent jurisdiction with inferior courts.Maritime, etc., jurisdiction.The district court shall also have concurrent jurisdiction with the inferior courts as provided in section 32. Sec. 29. The district court shall also have jurisdiction of offenses under the criminal laws of the United States when such offenses are committed on the high seas beyond the territorial limits of the Virgin Islands on vessels belonging in whole or in part to the United States, to any citizen thereof, or to any corporation created by or under the laws of the United States or of any State or Territory thereof, and the offenders are found in the Virgin Islands or are brought into the Virgin Islands after the commission of the offense. Sec. 30.Appeals from District Court. Appeals from the District Court of the Virgin Islands shall be as provided by law in force on the date of enactment of this *Proviso.*Restriction.Act: *Provided*, That no appeal shall be predicated upon the existence of a right of appeal under the law of Denmark. Sec. 31.Jury trial in criminal cases. In any criminal case originating in said district court, no person shall be denied the right to trial by jury on the demand of *Provisos.*If no jury demanded.Ordering of jury by judge.either party: *Provided*, That if no jury is demanded the case shall be tried by the court without a jury: *Provided further*, That the judge of the district court may, on his own motion, order a jury Misdemeanor cases.for the trial of any criminal action: *Provided further*, That the respective municipal councils of Saint Croix and of Saint Thomas and Saint John, may provide for trial in misdemeanor cases by a jury of six qualified persons. Sec. 32.Inferior courts.Concurrent jurisdiction with district court in minor civil or criminal cases. The inferior courts shall have jurisdiction concurrent with the district court in all civil cases in which the principal sum claimed does not exceed $200, and of all criminal cases wherein the punishment that may be imposed shall not exceed a fine of $100 or imprisonment not exceeding six months, all violations of police regulations and executive regulations, and any cause or offense wherein Preliminary investigations in felony, etc., charges.jurisdiction hereafter shall have been conferred by local law. Such inferior courts shall hold preliminary investigations in charges of felony and charges of misdemeanor in which the punishment that may be imposed is beyond the jurisdiction granted to the inferior courts by this section, and shall commit offenders to the district Rules, duties, etc.court and grant bail in bailable cases. The rules governing said courts and prescribing the duties of inferior judges and inferior court officers, oaths, and bonds, the times and places of holding such 1815courts, the disposition of fines, costs, forfeitures, enforcements of judgments, providing for appeals therefrom to the district court, and the disposition and treatment of prisoners shall be as established by law or ordinance in force on the date of enactment of this Act or as may hereafter be established by law or ordinance by the municipal council having jurisdiction. Sec. 33. Appeals in civil and criminal cases from the judgments Appeals from inferior courts.and rulings of the inferior courts shall be to the district court and shall be taken in accordance with the laws and ordinances of the respective municipalities: *Provided*, That the right of appeal in all *Proviso*,Right of appeal. cases, civil and criminal, shall be as established by law or ordinance in force on the date of enactment of this Act, or as may hereafter be established by law or ordinance by the municipal council having jurisdiction. miscellaneous provisionsMiscellaneous provisions.“Bill of rights,” provisions. Sec. 34. No law shall be enacted in the Virgin Islands which shall deprive any person of life, liberty, or property without due process of law or deny to any person therein equal protection of the laws. In all criminal prosecutions the accused shall enjoy the right to be represented by counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy and public trial, to be confronted with the witnesses against him, and to have compulsory process for obtaining witnesses in his favor. No person shall be held to answer for a criminal offense without due process of law, and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal cause to give evidence against himself; nor shall any person sit as judge or magistrate in any case in which he has been engaged as attorney or prosecutor. All persons shall be bailable by sufficient sureties in the case of criminal offenses, except for first-degree murder or any capital offense when the proof is evident or the presumption great. No law impairing the obligation of contracts shall be enacted. No person shall be imprisoned or shall suffer forced labor for debt. All persons shall have the privilege of the writ of habeas corpus and the same shall not be suspended except as herein expressly provided. No ex-post-facto law or bill of attainder shall be enacted. Private property shall not be taken for public use except upon payment of just compensation ascertained in the manner provided by law. Nothing contained in this Act shall be construed to limit the power of the municipal councils herein provided to enact laws for the protection of life, the public health, or the public safety. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. The right to be secure against unreasonable searches and seizures shall not be violated. No warrant for arrest or search shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. Slavery shall not exist in the Virgin Islands. Involuntary servitude, except as a punishment forcrime whereof the party shall have been duly convicted, shall not exist in the Virgin Islands. No law shall be passed abridging the freedom of speech or of the press or the right of the people peaceably to assemble and petition the Government for the redress of grievances. 1816 No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and the free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed, and no political or religious test other than an oath to support the Constitution and the laws of the United States applicable to the Virgin Islands, and the laws of the Virgin Islands, shall be required as a qualification to any office or public trust under the Government of the Virgin Islands. The contracting of polygamous or plural marriages is prohibited. No money shall be paid out of the treasury except in accordance with an Act of Congress or money bill of the local legislative authority having jurisdiction and on warrant drawn by the proper officer. The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited. Sec. 35.Collection and expenditure of public revenue, etc. All taxes, duties, fees, and public revenues collected in the municipality of Saint Croix shall be covered into the treasury of the Virgin Islands and held in account for said municipality and all taxes, duties, fees, and public revenues collected in the municipality of Saint Thomas and Saint John shall be covered into said treasury *Proviso.*Proceeds of designated receipts covered into Virgin Islands treasury.of the Virgin Islands and held in account for said municipality: *Provided*, That the proceeds of customs duties, less the cost of collection, and the proceeds of the United States income tax, and the proceeds of any taxes levied by the Congress on the inhabitants of the Virgin Islands, and all quarantine, passport, immigration, and naturalization fees collected in the Virgin Islands shall be covered into the treasury of the Virgin Islands and held in account for the respective municipalities, and shall be expended for the benefit and government of said municipalities in accordance with the annual municipal bud gets. Appropriations by Municipal Councils.The Municipal Council of Saint Croix may make appropriations for the purposes of said municipality from, and to be paid out of, the funds credited to its account in the treasury of the Virgin Islands; and the Municipal Council of Saint Thomas and Saint John may make appropriations for the purposes of said municipality from, and to be paid out of, the funds credited to its account in said treasury. Sec. 36.Property and income taxes, etc. Taxes and assessments on property and incomes, internal-revenue taxes, license fees, and service fees may be imposed and collected, and royalties for franchises, privileges, and concessions granted may be collected for the purposes of the Government of the Virgin Islands as may be provided and defined by the municipal *Provisos.*Special taxes; treatment, etc.councils herein established: *Provided*, That all money hereafter derived from any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury of the Virgin Islands and paid out for such purpose only, except when otherwise authorized by the legislative authority having jurisdiction after the purEose for which such fund was created has been accomplished. Imports duties and customs.Until Congress shall otherwise provide, all laws concerning import duties and customs in the municipality of Saint Thomas and Saint John now in effect shall be in force and effect in and for the Virgin Ports of entry to be designated.Islands: *Provided*, That the Secretary of the Treasury shall designate the several ports and subports of entry in the Virgin Islands of the United States and shall make such rules and regulations and Customs officers, appointment, etc.appoint such officers and employees as he may deem necessary for the administration of the customs laws in the Virgin Islands of the United States; and he shall fix the compensation of all such officers and employees and provide for the payment of such compensations and other expenses of the collection of duties, fees, and taxes imposed 1817under the customs laws from the receipts thereof. The export dutiesExport duties.in effect on the date of enactment of this Act may be from time to time reduced, repealed, or restored by ordinance of the municipal council having jurisdiction: *Provided further*, That no new export Levy of new export duties by Congress.duties shall be levied in the Virgin Islands except by the Congress. Sec. 37. All judicial process shall run in the name of “United Judicial process.States of America, scilicet, the President of the United States”, and all penal or criminal prosecutions in the local courts shall be conducted Conduct of penal, etc., prosecutions.in the name of and by authority of “the People of the Virgin Islands of the United States.” Sec. 38. All officials of the Government of the Virgin Islands Government officials; citizenship requirements, etc.shall be citizens of the United States, and before entering upon the duties of their respective offices shall take an oath to support the Constitution and the laws of the United States applicable to the Virgin Islands and the laws of the Virgin Islands. Sec. 39. All reports required by law to be made by the Governor Governor’s reports to be made to Secretary of Interior.Jurisdiction of Secretary.to any official of the United States shall hereafter be made to the Secretary of the Interior, and the President is hereby authorized to place all matters pertaining to the Government or the Virgin Islands under the jurisdiction of the Secretary of the Interior, except matters relating to the judicial branch of said Government Judicial branch under supervision of Attorney General.which shall be as hereinbefore provided under the supervision of the Attorney General. Sec. 40. This Act shall take effect upon its enactment, but until Effective date.its provisions shall severally become operative as herein provided, the corresponding legislative, executive, and judicial functions or the existing government shall continue to be exercised as now provided by law or ordinance, and the present incumbents of all offices under the Government of the Virgin Islands shall continue in office until their successors are appointed and have qualified unless sooner removed by competent authority. Sec. 41. This Act may be cited as the Organic Act of the Virgin Citation of Act.Islands of the United States. Approved, June 22, 1936. To permit mining within the Glacier Bay National Monument. 1936-06-22 700 Chapter 49 Stat. 1817 74 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 700.] AN ACT To permit mining within the Glacier Bay National Monument. June 22, 1936.[[S. 4784](/us/bill/74/s/4784).][
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- 49 Stat. 1817
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