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74th CONGRESS. SESS. II. CHS. 698, 699. JUNE 22, 1936. 1807 lands 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 with- drawal 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 26, 1934, temporarily withdrawing public-domain lands for classifica- tion, 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 to the United States and shall be subject to all forms of mineral entry or claim under the public land mining laws: Provided, That the Paiute Indians of the Walker River Reservation shall be paid by mineral claimants for thei loss of any improvements on any lands located or withdrawn for mining purposes under rules and regula- tions to be prescribed by the Secretary of the Interior: And provided further, That an annual rental of not less than 5 cents per acre 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of the reservation to be deposited to the credit of the tribe as compensation for loss of use or occupancy of any lands withdrawn for mining purposes or mineral entry.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 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. Provisos. Prior rights not affected. Stock driveways. Executive order re- voked. Vol. 48, p. 1269. U. S. O., p. 1851. Mineral rights re- served. Provisos. Payments to Paiute Indians. Rental payments. Denial of patent if rent in arrears, etc. AN ACT To provide a civil government for the Virgin Islands of the United States. June 22,1936. [S. 4524.] [Public, No. 749.] [CHAPTER 699.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions 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. L. 1706). Sec . 2. The insular possession which is the Virgin Islands shall be divided into two municipalities, namely, (1) the municipality of Saint Croix and (2) the municipality of 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 Government of the Virgin Islands” shall include, in addition to the governing authority of the insular possession, the governing author- ity of the two municipalities, unless the context shall indicate a different intention. Sec . 3. The inhabitants of the municipality of Saint Croix and of the municipality of Saint Thomas and Saint John are hereby con- stituted into bodies politic and juridic, under the present name of each such municipality, and as such bodies they shall have perpetual 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 Organic Act of the Virgin Islands of the United States. Territorial limits de- fined. Vol. 39, p. 1706. Subdivisions. Municipality of Saint Croix. Municipality of Saint Thomas and Saint John. Boundaries. Capital at Saint Thomas. “The Government of the Virgin Islands” defined. Saint Croix, Saint Thomas and Saint John. Powers conferred. 1808 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. Legislative branch. Transfer of property to Virgin Islands. Provisos. Application of certain United States laws. Authorizations, etc., heretofore granted not impaired. Disposal of surplus property. fulfillment 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 pro- vided 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. 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 here- after reserved by the United States for public purposes, is hereby placed under the control of the Government of the Virgin Islands: Provided, That, except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navi- gable waters of the United States and the preservation of the interest of navigation and commerce shall apply to the Virgin Islands: Pro- vided further, That nothing in this Act shall be construed to affect or impair in any manner the terms and conditions of any authoriza- tions, permits, or other powers heretofore lawfully granted or exer- cised in or in respect of the Virgin Islands by any authorized officer 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 “Municipal Council of Saint Croix.” Composition, tenure of office, districts. Sec . 5. 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 Coun- cil 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 dis- tricts, two of which shall be the town of Christiansted and the coun- try district thereof, and two of which shall be the town of Fred- eriksted and the country district thereof, as defined by law in force on the date of enactment of this Act: Provided, That two members shall be elected for each of said districts and one member Proviso. Apportionment. “Municipal Council of Saint Thomas and Saint John.” Composition, tenure of office, districts. Proviso. Apportionment. “Legislative Assem- bly of the Virgin Islands.” Joint sessions of mu- nicipal councils to so constitute, etc. at large. Sec . 6. 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 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 mem- bers 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 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. 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 when- ever both municipal councils shall determine by resolutions passed 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. 1809 by each of them: Provided, That the Governor shall call the legisla- tive assembly at least once during each calendar year. The legisla- tive 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 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 shall be passed by a two-thirds majority vote of the members present. The municipal councils shall not enact laws or ordinances in conflict with the enactments of the legislative assembly. Sec . 8. The present colonial councils shall continue to function 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 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 person shall be eligible to be a member of either 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 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 allow- ance 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 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 and conduct investigations, issue subpenas to witnesses and other parties concerned, and administer oaths. Existing rules of the colonial councils shall continue in force and effect, except as inconsistent with this Act, until altered, amended, or repealed by the respective munici- pal councils. No member shall be held to answer before any tribunal 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 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 relat- ing 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 Provisos. Call by Governor. Enactment of local legislation; limitation. Quorum. Two-thirds majority vote for passage. Conformity require- ments. Present councils to continue until 1937. General elections; time for holding, pur- poses of, etc. Terms of present municipal officers. Municipal councils, membership qualifica- tions. Members receiving Federal pay. Travel and sub- sistence allowances. Municipal councils to be sole judges of their membership, etc. Other powers. Continuance of rules in force. Immunity and privi- lege from arrest of members. “Municipal Com- mittee.” Appointment, duties, procedure, powers, etc. 104019°—36----- 114 1810 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. Municipal council meetings. Governor; introduc- tion of bills by; sub- mission of budget esti- mates; reports, etc. Municipal council quorum. Enactment require- ments. Journal of proceed- ings. Local new legislation, repeals, amendments, etc. Veto powers of Gov- ernor. Passage over veto. Presentation and ac- tion of the President. transfers 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 Com- mittee. Seg . 13. Each municipal council shall assemble for ordinary meet- ings on a certain day of every second month, which day shall be previously fixed by the Governor for the whole year, and for extraor- dinary 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. Seo . 14. The Governor may introduce bills in the respective munici- pal 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 appro- priation 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 reso- lution of either municipal council. Sec . 15. 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 juris- diction, entered upon the journal, and approved by the Governor, 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. 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 w’hether his approval or disapproval is in whole or in part, and if in part only, 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 the legislative assembly be disapproved in whole or in part by the Governor, the Governor shall within thirty calen- dar days return such bill to the said municipal council or to the legislative assembly, whether in actual session or not, setting forth 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 President. 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 1 So in original. 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. 1811 approval; and if not acted upon within such time, it shall become a law the same as if it had been specifically approved. All laws 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 shall be published annually as a public document. If at the termi- nation 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 apropriated 1 in the last appro- priation 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 subsequent to January 1, 1937, as may be fixed by local law or ordi- nance 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 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 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 inconsist- ent with this Act, shall continue in force and effect: Provided, That 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 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 dis- trict courts. Sec . 19. The legislative power of the Virgin Islands shall extend 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 nonresidents be taxed higher than the lands or other property of residents. Power of Congress to annul legislation. Annual publication of laws. Continuance of cer- tain appropriations. Franchise; qualifica- tions. Proviso. No property or in- come qualification. No racial, sex, or re- ligious disqualification. Applicability of United States laws. Proviso. Power of councils to amend, etc. Patent, trade mark, and copyright laws. Legislative power; scope. 1812 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. EXECUTIVE BRANCH Executive branch. Governor of the Vir- gin Islands, appoint- ment, tenure of office, residence, powers, etc. Reports by. Government Secre- t a r y, appointment, powers, duties, etc. Administrator for Saint Croix, appoint- ment, duties, etc. Sec . 20. 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 Gov- ernor shall reside in the Virgin Islands during his official incumb- ency. He shall have general supervision and control of all executive and administrative departments, bureaus, and offices of the Govern- ment 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, insur- rection, 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. 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 to the Congress. He shall perform such additional duties and functions as may, in pur- suance of law, be delegated to him by the President, or by the Secre- tary 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. 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 dis- ability 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 proclama- tions and orders of the Governor and all laws enacted by said legis- lative authorities. He shall have all such executive powers and per- form such other duties as may be prescribed by law or assigned to him by the Governor. Sec . 22. The Secretary of the Interior shall appoint an Adminis- trator for Saint Croix, who shall act for the Governor in the admin- istration 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 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. 1813 judi cial bran ch of the Governor. He shall exercise supervision over all administra- tive 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 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 Gov- ernor not inconsistent with any such law or ordinance. The salary of all executive officers and employees appointed by the President or by the Secretary of the Interior shall be paid from funds appro- priated 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 making 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 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 the event of a vacancy in any appointive office under the Govern- ment of the Virgin Islands, or the absence, illness, or temporary dis- qualification 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. Other executive and administrative officers. Payment of salaries. Tenure; appoint- ment of natives. Officers and employ- ees of municipal gov- ernments. Vacancies. Judicial branch. District Court of the Virgin Islands and in- ferior local courts pro- vided. Proviso. Superior Court of the Virgin Islands, juris- diction, etc. Sec . 25. The judicial power of the Virgin Islands shall be vested 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 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 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 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 Depart- ment of Justice. The duties of such officers shall be prescribed by law or ordinance and by order of the Attorney General not inconsistent therewith: Provided, That the Governor may call upon the district 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 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 each Judge and district at- torney; appointment; tenure. Compensation. Duties. Proviso. Legal advice. District Court; divi- sions. Terms. 1814 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. Rules of practice and procedure. Running of process. Jurisdiction of dis- trict court. Concurrent jurisdic- tion with inferior courts. Maritime, etc., juris- diction. Appeals from Dis- trict Court. Proviso. Restriction. Jury trial in criminal cases. Provisos. If no jury demanded. Ordering of jury by judge. Misdemeanor cases. Inferior courts. Concurrent jurisdic- tion with district court in minor civil or crimi- nal cases. Preliminary investi- gations in felony, etc., charges. Rules, duties, etc. division at such time as he may designate by order, at least once in two months in each division. The rules 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 or ordinance. The process of the district court shall run throughout the Virgin Islands. Sec . 28. The district court shall have jurisdiction of— (1) All criminal cases under the laws of the respective munici- palities 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 pro- vided 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 jurisdic- tion of the District Court of the Virgin Islands, or of the judge thereof, by local law. 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 the District Court of the Virgin Islands shall be as provided by law in force on the date of enactment of this Act: Provided, That no appeal shall be predicated upon the existence of a right of appeal under the law of Denmark. Sec . 31. In any criminal case originating in said district court, no person shall be denied the right to trial by jury on the demand of 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 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. 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 wTherein the punishment that may be imposed shall not exceed a fine of $100 or imprisonment not exceeding six months, all violations of police regu- lations and executive regulations, and any cause or offense wherein 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 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 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. 1815 courts, 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 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 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 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 crim- inal 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 for crime 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. Appeals from inferior courts. Proviso. Right of appeal. Miscellaneous pro- visions. “ Bill of rights,” pro- visions. 1816 74th CONGRESS. SESS. II. CH. 699. JUNE 22, 1936. Collection and ex- penditure of public revenue, etc. Proviso. Proceeds of desig- nated receipts covered into Virgin Islands treasury. Appropriations by Municipal Councils. Property and income taxes, etc. Provisos. Special taxes; treat- ment, etc. Import duties and customs. Ports of entry to be designated. Customs officers, ap- pointment, etc. 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 discrimina- tion 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 author- ity 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. 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 of the Virgin Islands and held in account for said municipality: Pro- vided, 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 naturaliza- tion 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. The Municipal Council of Saint Croix may make appropria- tions 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. 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 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 author- ized by the legislative authority having jurisdiction after the pur- pose for which such fund was created has been accomplished. 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 Islands: Provided, That the Secretary of the Treasury shall desig- nate the several ports and sub-ports of entry in the Virgin Islands of the United States and shall make such rules and regulations and 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 74th CONGRESS. SESS. II. CHS. 699, 700. JUNE 22, 1936. 1817 [CHAPTER 700.] under the customs laws from the receipts thereof. The export 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 duties shall be levied in the Virgin Islands except by the Congress. Sec . 37. All judicial process shall run in the name of “United States of America, scilicet, the President of the United States”, and all penal or criminal prosecutions in the local courts shall be con- ducted 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 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 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 of the Virgin Islands under the jurisdiction of the Secretary of the Interior, except matters relating to the judicial branch of said Government 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 its provisions shall severally become operative as herein provided, the corresponding legislative, executive, and judicial functions of the existing government shall continue to be exercised as now pro- vided 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 Islands of the United States. Approved, June 22, 1936. Export duties. Levy of new export duties by Congress. Judicial process. Conduct of penal, etc., prosecutions. Government officials; citizenship require- ments, etc. Governor’s reports to be made to Secretary of Interior. Jurisdiction of Secre- tary. Judicial branch un- der supervision of At- torney General. Effective date. Citation of Act. June 22, 1936. [S. 4784.] [Public, No. 750.] AN ACT To permit mining within the Glacier Bay National Monument. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the area within the Glacier Bay National Monument in Alaska, or as it may hereafter be extended, all mineral deposits of the classes and kinds now subject to location, entry, and patent under the mining laws of the United States shall be, exclusive of the land containing them, sub- ject to disposal under such laws, with right of occupation and use of so much of the surface of the land as may be required for all pur- poses reasonably incident to the mining or removal of the minerals and under such general regulations as may be prescribed by the Sec- retary of the Interior. Approved, June 22, 1936. Glacier Bay Nation- al Monument, Alaska. Permission for min- ing within, granted. Use of surface land.