EXTENSION OF LAWS OF THE UNITED STATES TO CERTAIN PACIFIC ISLANDS AUGUST 18, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BRYSON, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 5166] The Committee on the Judiciary, to whom was referred the bill (A. R. 5166) to extend the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States, to the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That the jurisdiction of the United States District Court for the District of Hawaii is hereby extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement. All civil acts and deeds consummated and taking place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adjacent thereto, shall be deemed to have been consummated or committed on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated and determined or adjudged and punished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. The situs for the trial of such civil and criminal cases shall be the situs of the United States District Court for the District of Hawaii. The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court. PURPOSE OF THE BILL The purpose of the bill is to restate the law relating to the named islands in the Pacific Ocean as it existed at the time of the revision of title 28 of the United States Code. Certain of these laws were repealed by that revision and have not been continued in the existing law. For example, existing law does not specify what substantive law shall be applicable to those islands. It does not give the District Court for the District of Hawaii jurisdiction over civil actions arising there, nor does it specify the situs for trial of such action. This bill, as amended at the suggestion of the Department of Justice, makes those provisions. APPROVAL BY EXECUTIVE DEPARTMENTS The following communications have been received from the Secretary of the Interior, Secretary of State, and the Assistant to the Attorney General: Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, DEPARTMENT OF STATE, House of Representatives. MY DEAR MR. CELLER: Further reference is made to your letter dated June 24, 1949, requesting an expression of the views of this Department on H. R. 5166, to extend the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States, on the Midway Islands, Wake Island, Johnston Island, San Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island, and for other purposes. It is understood that the enactment of this bill would not be construed to be prejudicial to the claims of the United Kingdom to the said islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and the United Kingdom. Upon this understanding. this Department favors the enactment of this legislation. Because of the interest of your committee in this legislation, we have not waited for clearance from the Bureau of the Budget. Hon. EMANUel Celler, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department relative to H. R. 5166, a bill to extend the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States, to the Midway Islands. Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island Jarvis Island, Canton Island, and Enderbury Island. and for other purposes. This bill, which relates solely to certain matters of law and judicial procedure in the islands referred to, is designed to correct a technical error in the recent enactment of revised title 28, Judiciary and Judicial Procedure. Its object is to reenact certain provisions, formerly contained in 48 United States Code 642 (a), which were repealed by the law revising title 28 (Public Law 773, 80th Cong.) and have not been reenacted in that revision or in the subsequent corrective legislation (Public Law 72, 81st Cong.) or otherwise. As a result of that repeal, which this bill aims to correct, the administration of justice in these islands is seriously hampered. 48 United States Code 642 (a), which contained the provisions in question, is set forth in full in appendix 1 hereto. It was enacted originally as the act of August 13, 1940 (ch. 662, 54 Stat. 784), and was amended by the act of April 29, 1948 (Public Law 505, 80th Cong.). The schedule of repeals in Public Law 773, Eightieth Congress, mentions only the original act but the amendment must be considered to have been repealed as well. At the time of its repeal, 48 United States Code 642 (a) provided in substance as follows: 1. The jurisdiction of the United States District Court, Territory of Hawaii, is extended to all civil and criminal cases arising on the islands referred to in the instant bill. 2. So far as Canton and Enderbury Islands are concerned, the extension to them of this jurisdiction shall (a) be with due regard to their special status under the agreement of April 6, 1939, between this Government and the United Kingdom providing for the joint control of Canton and Enderbury Islands by the two Governments; (b) not to be prejudicial to the claims of the United Kingdom to Canton and Enderbury Islands in accordance with the said agreement. 3. All civil acts and crimes taking place on any of the islands referred to in the instant bill or in the waters adjacent thereto shall be deemed to have taken place on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated according to the laws of the United States relating to civil acts or offenses on such vessels on the high seas, which laws for the purpose aforesaid are extended over such islands. 4. The situs for the trial for such civil and criminal cases shall be the situs of the United States District Court, Territory of Hawaii. 5. Appeals in such cases from said district court shall be allowed to the Circuit Court of Appeals for the Ninth Circuit as provided by law generally for appeals from district courts. 6. The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court. Existing law reproduces very few of these provisions. It defines the judicial district of Hawaii as including all of the islands mentioned in the instant bill without prejudice to the United Kingdom's claim to Canton and Enderbury (28 U. S. C. 91, as amended by sec. 64 (a) of Public Law 72, 81st Cong.) ; it gives the United States District Court for the District of Hawaii, as a district court of the United States (28 U. S. C. 91, 132 and 451), jurisdiction of all offenses against the laws of the United States (18 U. S. C. 3231); and appeals from that court are governed by the provisions concerning appeals from district courts generally. But existing law, unlike former 48 United States Code 642 (a), does not specify the body of substantive law applicable to these islands; or give the District Court for the District of Hawaii jurisdiction of all civil, as well as criminal, cases arising there; or specify the situs of that court as the situs for trial of such civil and criminal cases; or deal specifically with jury trials in such cases; or specifically acknowledge the special status of Canton and Enderbury Islands under the 1939 agreement for their joint control. The instant bill aims to correct these omissions by restoring the previous state of the law. The Department of Justice supports that objective but believes that it would be better attained by language following more closely the language of former 48 United States Code 642 (a). The present bill departs from the latter by containing no provision that the situs for the trial of civil and criminal cases shall be the situs of the United States District Court for the District of Hawaii. This omission, coupled with the provision that offenses committed on these islands are deemed to have been committed on the high seas on board a merchant vessel or other vessel belonging to the United States, may mean that offenses in these islands are now to be governed by 18 United States Code 3238, under which the trial of all offenses committed upon the high seas shall be in the district court where the offender is found or into which he is first brought; and it may mean that civil H. Repts., 81-1, vol. 6- -19 cases are now to be governed by the general rules of venue, as now set forth in 28 United States Code, chapter 87. In addition, the instant bill omits the phrase "or in the waters adjacent thereto", which was contained in 48 United States Code 642 (a), and departs from the latter in arrangement and in certain points of phraseology. The Department of Justice suggests, therefore, that the objective of restoring the previous state of the law would be more certainly accomplished by a bill repeating the language of 48 United States Code 642 (a), with the following changes to take account of existing law: 1. Change "United States District Court, Territory of Hawaii,", in the first sentence and in the second paragraph, to "United States District Court for the District of Hawaii", to conform to present nomenclature. 2. Change the last paragraph to read as follows: "The laws of the United States relating to jury and jury trials shall be applicable to the trial of such cases before said district court." This change omits, because now unnecessary, the provisions of former 48 United States Code 642 (a) concerning appeals. The text of the suggested bill (which adopts the title of H. R. 5166) is attached as appendix 2. Yours sincerely, PEYTON FORD, APPENDIX 1-48 UNITED STATES CODE 642 (A)-AS IT WAS IMMEDIATELY PRIOR TO ITS REPEAL BY PUBLIC LAW 773, EIGHTIETH CONGRESS The jurisdiction of the United States District Court, Territory of Hawaii, is hereby extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement. All civil acts and deeds consummated and taking place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adjacent thereto, shall be deemed to have been consummated or committed on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated and determined or adjudged and punished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. The situs for the trial of such civil and criminal cases shall be the situs of the United States District Court, Territory of Hawaii. Appeals in such cases from said district court shall be had and allowed to the Circuit Court of Appeals for the Ninth Judicial Circuit in the same manner as appeals are allowed from district courts to courts of appeal of the United States as provided by law; and the laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court. APPENDIX 2-SUGGESTED BILL A BILL To extend the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States, to the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the jurisdiction of the United States District Court for the District of Hawaii is hereby extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement. All civil acts and deeds consummated and taking place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adjacent thereto, shall be deemed to have been consummated or committed on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated and determined or adjudged and punished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. The situs for the trial of such civil and criminal cases shall be the situs of the United States District Court for the District of Hawaii. The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court. DEPARTMENT OF THE INTERIOR, Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, OFFICE OF THE SECRETARY, Washington, D. C., August 17, 1949. House of Representatives. MY DEAR MR. CELLER: You have requested the views of this Department on H. R. 5166, a bill to extend the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States, to the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island, and for other purposes. H. R. 5166, if enacted, would restore the state of the law applicable to certain Pacific islands prior to the enactment of Public Law 773, Eightieth Congress, second session, approved June 28, 1948, and effective September 1, 1948. Í recommend that the bill be enacted. By the act of August 13, 1940 (54 Stat. 784), the laws of the United States relating to civil acts or offenses taking place on board a vessel of the United States on the high seas were extended to certain Pacific islands under United States sovereignty. The jurisdiction of the United States District Court, Territory of Hawaii, was extended to all civil and criminal cases arising on these islands, and the laws of the United States relating to juries and jury trials were made applicable to the trial of such cases in the district court, whose situs was Imade the situs of such trials. Public Law 505, Eightieth Congress, second session, approved April 29, 1948, amended the act of August 13, 1940, by extending the district court's jurisdiction and the high-seas laws to Canton and Enderbury, "having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in * Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement." The act of August 13, 1940, and the act of April 29, 1948, were codified as an amendment to the Organic Act of Hawaii (48 U. S. C., sec. 642 (a)). common, * * Public Law 773, Eightieth Congress, second session, approved June 28, 1948, revised, codified and enacted into law title 28 of the United States Code entitled "Judicial Code and Judiciary." Among other things, it repealed the provisions of the Organic Act of Hawaii establishing the United States District Court, Territory of Hawaii, and created the District Court of the United States for the District of Hawaii. It provided, in section 91, that "Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Kure Island, Baker Island, Howland Island, and Jarvis Island." These are the islands to which the act of August 13, 1940, related, and that act was expressly repealed by section 39 of Public Law 773. However, although Public Law 773 thus extended the jurisdiction of the District Court for the District of Hawaii to the Pacific Islands to which the 1940 act related, it did not incorporate the other provisions of the 1940 act including those |