----------------------------------

RESTRAINING ORD R ISSUED li D.ES. LTD. SAIPAN - Responding af­

firmatively to a complaint filed Thursday, Nov. 27 by Plaintiffs, J.C. Tenor:f:o Enterprises, against High Conunissioner Edward E. Johnston, District Admin­istrator Francisco C. Ada and the Trust Territory of the Pacific Islands, Chief Justice Harold Burnett issued a court temporarily the T r u s t

o r d e r, restraining

Territory

Government from: 1) Obligating or using

the five million Dollars ($5,000,000.00) paid to Defendant Trust Territory by said International Shoppers Limited or continuing any further negotiations, bidding or contracting for the Isley Field Airport terminal complex.

2) Approving any lease submitted by International

MARIANAS UARIETYC.111 Pubiished Weekiy Every Tr!UI'sday

NOVE~mrR 29, 1974

P.O. Box 231, Saip<r1, M.I. "950

VOL. 3 >TO. 38 PJUCT: lN

Shoppers, Limited pursuant to authority granted under business Permit Nos. 83-74.

3) Permitting Inter­national Shoppers Limited from conducting any business under. Amendment No. 1 to Business Permit No. 83-74

4) Permitting Inter-national Shoppers limited from conducting any business pursuant to Business Permit No. 96-74, until a hearing is heard on Plaintiff ' s application for a preliminary in­junction.

Can't on page 11

PETITION TO MARIANAS STATUS COMMISSION

SAIPAN - A petition to the Marianas Political Status Commission was in circulation during. the past week for gathering of signatures by Marianas re­sidents.

The Petition reads, "We the undersigned, bona­fide residents of the

Marianas Islands, ages eighteen and above , here­by, demand that the mem­bers of the Marianas Political Status Com-mission discuss and

EXECUTIVE ORDER TO RETURN PUBLIC ANDS

consult with the people of the Marianas prior to any agreement and commitment on your part for a pro­posed provision on a com­pact defining the polit­ical relationship between the people of Marianas District and the United States of America."

SAIPAN - (MNS) . - The United States Government is preparing to announce the return of public land in the Trust Territory to the people of Micronesia by means of an executive order, to be issued by the Secretary of the Interior.

However the planned action has run into some opposition in the Congress

of Micronesia, part­icularly from the Chairman of the Joint Connnittee on Future Status, Sena tor Lazarus Salii, who feels the Congress should be given another chance to provide for the return of public land through legislation.

A bill passed by the Congress this year to ef-

DRAF CONSTITUTION OF PALAU

SAIPAN " ••. We the people of Palau hereby set forth this Constitution to restore and guarantee for­ever our sovereignty and well being as an indepen­dent people." So opened the Preamble to the recently finalized draft

'constitution of Palau, the first district constitu­tion to outline its de-

PA E\NSPAPER

sires for its basic system of law and government.

The 20 page draft, . dated September 20, was

formulated by the Palau Constitutional Convention also held in September. The Convention was made possible through the enactment by the Palau Legislature of Public Law

con 't on page 10

feet the land return (SB 296) was found un­acceptable by the adminis~­tration, and was vetoed by the High Connnissioner. In October, the Palau District Legislature passed a resolution condemning that action, and calling for a halt in the status negotiations

Can't on page 13

In outlining the rea­sons for their demands, the petition continues, "we are deeply concerned of the critical problems existing in the Marianas which must be resolved before the finalization of the Marianas Political Status Negotiations. Now, therefore, we demand that:

1) Pe op 1 e of the Marianas who requested for

,'":on 't on page 10 :-c:-----::::~~mm~~---,

"Par>ty Time'', food and droinr.s fori aH at th.e ,Micro Beaah when the Te:rTitor>iaZ PaPfy aeZebr>ated the Nov. 5, eieation 1,.,inning . .•.

Page 2 MARIANAS VARIETY NEWS & VIEWS November 29, 19?4

New "Princess'' out of com ission in Yap as a result cargo is some­times left on board during heavy seas rather , than being disembarked because the stern crane cannot open the cargo hatch. Ac­cording to the Transpor­tation Official no such problem has been brought to the attention of his department.

SAIPAN - An official with the TT Transportation Department has verified information that the newest TT ship, the MS Micronesian Princess, has beep temporarily out of conunission in Yap District since Now. 16. The of­ficial stated that a bearing had burned out causing disalignment of 91- subsequent bending 'ta 3 foot shaft which {·uns the prqpeller.

He further said that these technical problems resulted due to using too many rpm's during heavy weather thus overstraining the engine.·

The shaft has been sent to Guam for repair and is expected to arrive in Yap and be reinstalled in the ship by this week­end. When asked to com­ment if this problem · is likely to reoccur, the of­ficial said he did not think so. However, he did

state that his department has written to the designer, Thomas T. Lunde, Inc. of San Francisco and to the builder, Pae Sun Shipbuilding & Enginnering Co., Ltd., informing them of the problem and asking them to make recom­mendations. He said this is normal procedure in order to insure tfie guarantee made by the builder and designer for certain parts of the ship.

Another PROBLEM recently experience by the new vessel Eertained to the. ineffectiveness of the original spreader sling during heavy seas. The spreader sling attaches to the stern crane cargo hook and also to the lighter, a cargo transporter, and hoists the lighter on and off of the ship. According to the same official, during heavy sea when the lighter is going up and down with the waves, it is

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difficult for the ship's crew to attach all of the 4 wire slings of the spreader to the lighter. In addition the spreader is too heavy for the crew to detach it from the car­go hook. Consequently a new wire sling was cons­tructed in Palau. Lt can be manually attached to the lighter by two men during rough weather and then be attached to the cargo hook to lift the lighter onto the Princess.

A third problem iden­tified by a reliable source in Yap but not knoWI to the Transportation Of­ficial interviewed con­cerned the inability of the stern crane to lift the cargo hatch during rough weather. Since the Princess does not have rails around its open car­go area, shipments of ~oods such as gasoline drums must be stored below deck. The Yap source said

The vessel is expected to be able to resume ser­vice in Yap and Palau waters by the time this paper is published.

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November 29, 1974 MARIANAS VARTE'rY NEWS & VIEWS

Dt Torres Retired But Not Forgotten SAIPAN ---- A Saipanese

senior citizen, who has retired but has not been forgotten, is the remark­able Dr. Jose Diaz Torres . He served 60 years in the medical profession under three different adminis­trations in the Marianas -German, Japanese, and American, He is lauded by m a n y as a man who "has

Dr. Torres i.'/Orking as a mortar fire . .• touched more lives and has meant more to the people of Saipan than any other

' " man. Dr. Torres was born on

S'aipan June 1, 1895 to Mr. and Mrs. Felis A. Torres. He and his wife, Asuncion; who currently reside in Chalan Kiya, reared fiv children (one deceased) as well as taking in an orphaned child as their own. They now 1 iv e in retirement and receive Social Security retire­ment benefits.

that government until 1914 when he changed jobs and became a Medical Assis­tant.

When the Mari an as switched from the German Administration to the Japanese Mandate, Dr. Torres continued to be employed as an active medical practicioner. During the Japanese Admin-

~edical p1'a.cticioner under

istration, he worked daily in the Chamorran Camp, an out-patient c 1 in icon Saipan, assisting the camp physician in treating wounds. At times he worked even while under mortar fire.

After World War II, the American Administration took over, Dr.Torres successfully maintained his position as a medical assistant. e remained active in the medical profession u n ti 1 his retirement in J u n e 9, 1972, at the age of 77.

Japan. Because his work exposed him to so many varied languages, he, out of necessity, championed· the German, Japanese, and English languages making him f 1 u en t in four languages counting his native tongue, Chamorro. In additio~, he under­stands several dialects from the other districts although he cannot actual­ly speak the languages.

The elderly doctor has no inclination for any alcoholic· beverages and doesn't even smoke. He is particular in the foods he eats, showing special preference ~or local foods such as taro, yams, etc.

The ceremony for his retirement was held at the Dr. Jose D. Torres Hospital, which was named for the Doctor in 1962. During that ceremony, Dis­trict Administrator Francisco C. Ada said that Dr. Torres will be re­membered by all thos.e he hijs cared for. He . par­ticularly described t h e service of Dr.Torres during the war, when there were "countless nights when Dr. Torres was awakened for some emergency, and never did he refuse to serve his people,"

After his retirement, the hospital officials, members of the Congress of Micronesia from the Maria­nas and many other local leaders paid tribute to

Page 3 him. He was also _given several letters of appre­ciation by Saipanese of­ficials for his 1 on g service.

Although, no 1 on g er practicing, Dr. Torres' past efforts and accomplishments w i 11 always refle~t credit upon himself and his profes­sion.

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W hi 1 e working as a medical assistant, Dr. Torres often travelled to all the present six districts within the Trust Territory, New Guinea, and Dr. Torres uJith former High Commissioner Ho-pwood.

4 MARIANAS VARIETY NF:WS & VIEWS

November 29, 19?4

Dear Editor: What ~xactly did the losing candidates of the Pop­

ular party try to tell us hy burning the TT Code? For 14 years they were in office but they never complained about the Code. They were in congress all thPse· years but they never changed the part of the Code which caused their defeat. Is it really the T.T. Code's fault that they lost? Did the T.T. Code vote against them? How did the Territorial Party manage t 0

get the TT Code to vote in their favor? Hal I have to laugh. The T.T. Code is our law. If the winners won under the Code, then they won under the law. And what does that mean?. We have a government of law, and that is the way it should be. Anyway, blame the Code, not the voters!

Now here's a killer for our.de.feat e d so-called 11 leaders. 11 They disapprove and complain of outsiders being involved in our 1 o ca 1 politics yet they seek

1 ' ' commonwea th. Don t they realize that when we become cotmnonwealth the Saipanese would not only be a minority on our island but a subclass? Then our local politics would not only be influenced, but totallv controlled by outsiders. Can't they understand that! If not, what can they understand?

It is God's blessing that our people are beginning to see the light.

Sinae'1'e1:y, Ramon Vi Z Zagomez

Dear Editor: , I would like to explain how I, as a Saipanese citi-

zen, feel about the picture you printed in your last week's Nov. 15, 1974, Vol, 3 No. 36 issue where a hand­ful of the leaders of the people are pictured as they are burning the T.T. Code. The honorable leaders are very serious. The honorable President and the Con­gressman and other followers are tearing up the T.T. Code and burning it in last week's issue. Why did you p r i n t such a thin_g?1 Didn't you k n o w that the men involved in the picture are the honorable leaders of the people in the Marianas? Didn't you know that not too many people all over the islands know who burned tbe TT Code? Didn't you know that hy printing your page 11, everyone in the Marianas will now exactly know the honorable men who were involved in the burning of the TT Code? Didn't you know that these men's reputa­tion will be ruined by the picture you printed? Didn't you know that the President of the Legislature and the President of the Popular Party are in action as shown in the picture? And have you ever heard of any President who has torn up the Ru 1 es and Regulations of his own government? Have you ever heard of the U.S. Presiaent tearing up and burning the Constitution of the United States of America??? Flave you ever heard of the governor of Guam, or the governor of Puerto Rico, or the gover~or of American Samo a washing his underwear in public? Don't private necessary affairs have to be hidden? Emotions are to be controlled by the intellect. The governor of Puerto Rico has not torn up his code of ethics, and burned his own commonwealth's I code. Will the governor of t h e Saipan common we a 1th have the guts to burn his own rules?? We do not know. The future is not ours, but the past can help to predict the future! Have you heard of any state governor burning the Constitution of the

United'States? That would be worse than watergate WEST---don't you think so? Or have you ever heard of the Pope tearing up the Holy Bible under his emotional disappointment? And didn't you know that it has , been possible for the same 1 ea de rs to win the previous e 1 e ct ions since 1965? And didn't you know that throughout the previous elections the Territorial Party leaders have never burned the T.T. Code? Didn't you know that by printing the picture,' the public w o u 1 d know that '.these leaders easily are influenced by their intellect??

Dear Editor please print these historical records, and thanks for your good News. Very interesting! We shall refer to your picture again in 1976.

SinaereZy yours, Name withheld

Dear Editor: As a former Peace Corps Volunteer on Saipan, I am

only able to keep up with the news from Micronesia via your newspaper and the "Friends of Micronesia N e w s­letter." Your reporting seems to be a little 1 e s s biased than the FOM, but together the two sources paint a very unfortunate picture of what's happenin~ in Micronesia.

I am especially sad to see the fine people of the Marianas settling for a separate status agreement with the U.S., which from all reports has no long-term

/ benefits for the Marianas, It may bring short - term advantages such as more jobs and more government funds , but after the excitement wears off the people of the Marianas will be left as second-class citizens, with no land and no control over their lives.

The recent upset at the po 1 es of many incumbent Con 't on page 5

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November 29, 1974 MARIANAS VARIETY NEWS & VIEWS Page 5

Letters ... Con't from page 4

politicians indicates that the people want a change. I hope the change is one where then e w 1 y elected of­ficials will take a good look at the status question and give the people of the Marianas something they have not had since the arrival of the Spanish; control of their own destiny. Don't be taken in by offers of big money and better times. Keep the Marianas for the people of the Marianas. After such a long time they deserve it.

Tom Fishel' Evanston, Il Unois

Dear Editor: The election results for the Congress of Micronesia

should not in any way come as a surprise to the people of the Marianas. They have been in need of different drunnners in the political scene for a long time now. They have been in need of individuals of proven abilities to lead them out of darkness into light.

It is true that our former congressmen didn't h a v e_ that kind of ability (unfortunately) and it would have been a very fatal mistake i_f we had chosen to give them another crack for another term in Congress. Times are rapidly changing and let it be heard across our is­lands, and that we are beginning to vote in a more re­sourceful manner and that we are not about to give away our dear votes for nothing. What we need now is change, a more effective and sure method of attacking the critical problems we've had,and unsolved at home.

Over the years that we've had our former congressmen serving us, one could easily conclude that they've had about "z e 1; o" accomplishements ·rolling for us. Let me take you for a ride and you will see what I mean,

If you will take a look around, you will find out that very little has been accomplished about our future political status. We could say, however, that, there have been good rounds of talks and meetings about it in Honolulu, but to date ,there have been no decisive conclusions made about it. It was just like Columbus in the ancient days when he arrived in the New World (America) but thought he was in India.

If you will try to take another shot around, you will find-out the fact that our land problems have not ye .t been resolved. The Tinian "mess" is a good example and I don't think that the Tinian people are happy about it. Sometime we had to wonder when things would get nicer in our beloved islands.

Before you try to take .another look around, why not ask yourself this question: Where are we now? This question might sound silly, but actually it is not! For on Saipan, most specifically, the inhabitants are beginning to feel more as if they were in a foreign land. The fact is that our former congressmen did very little in regulating the influx of outsiders and as you can see now we are becoming rapidly outnumbered •••• something we avoided in the first place.

Finally, let me pose a very important question: How are we doing educationally? Quantity-wise, I would say we are doing a great job. The fact that we are producing over two hundred high school graduates per year is enough to substantiate that answer. And further, we've gQt a good number of our students at­tending the University of Guam and other universities and colleges in the States and elsewhere. This is indicative of how we are doing educationally.

There is, however, an area in education in which we are clearly lacking. That area is extremely important and that is, "quality" education. To be sure, I don't think that anyone could safely say that we've got a

quality high school in our own islands. Or better yet, if we do have quality high schools then why is it that we barely have individuals from our islands attending such prestigious.institutions as California (Berkeley), Stanford, Harvard, Chicago, Columbia, and Michigan? There must be some obvious reasons and we co u 1 d get some answers from our college graduates and students who are attending colleges and universities right now. They know why (they should) and they understand what it takes to be in those world reknown schools and that it makes a difference where one goes to school. Just ask a student say, from the University .of Guam, about college life at Harvard! Remember QUALITY--it is the one that makes the difference.

The above are some of the major issues of this critical time of our lives. A change in leadership is what we really need now and let us give our full. co­operation to our newly elected servants and with hope that they will lead us from the dark into a more respectable position in life.

Dear Editor:

J. S. Demapan MaPianas High Sahool

Class - 19?1

This is in reference to the Nov. 9, 1974 Editorial carried by the Pacific Daily News.

It is now evident that with the Soviet's continual build up of power in the Western Pacific, as the editor claimed, we the people of the Mariana Islands on Saipan and on Tinian are quite concerned over this matter in connection with Ambassador Williams' mad rush to fortify Tinian as one of the defensive fronts for the Continental U.S.A.

I was only a young boy during the invasion of Saipan Con't on page 6

There's a world of Gusto inSaipan.

Gusto. It's what a man looks for in a beer. And you'll find it in Schlitz. The American premium beer in 12-oz. cans. Come around to Schlitz. Taste the g~d ~-

~ 1974 Jos. Schlitz Brewing Co., MIiwaukee and the world.

...

Page 6 MARIANAS VARIEI'Y NEWS & VIEWS NovembeP 29, 1974

Letters ... Con 't from page 5

by the powerful USA force, but old enough to remember vividly the bloody corpses of countless Japanese soldiers and civilians alike lying on the ground with their mutilated bodies, some with their legs and arms blown off either by bombs or granades and hundreds of others with their pitch black burned carcasses caught by surprise with the deadly napalm bombs--some of them still fighting for their last agonizing breath. Those who were lucky enough, survived the Qloody war just to emerge.into another type of suffering where p e O p 1 e simply died from the wide spread of dysentery due to the deplorable unsanitary conditions of the camps where refugees where simply packed upon one another, so to speak. ·Huts and temporary buildings which housed · t en to twenty famiiies at the most added more misery to the~ unfortunate Saipanese as contagious diseases spread viciously from one person to another, killing 1undreds and countless more natives just to add more death toll to the war records. Open benjoes were crowded with lines of pale and sick hollowed eyed people awaiting their turn to use them. The desperate ones who could not wait had to relieve themselve$ of course, in the booni~s. As a result, millions of flies as thick as swarming locusts infested the camps, spreading vari-eties of deadly diseases among the po O r people. The for~going statements are just a few mentioned from th~

whole miserable conditions of World War II history as was experienced by many, many of us on Saipan.

The point is, will those who went th r o u g ,h the horrible experience on Saipan during the war, want to risk another deadly war with the price of $13.5 million

. do11ars the U.S. and the Marianas Status Commission are seriously considering as the price of our lives and the only remaining lands we now have? Is the price of human lives so cheap these days that we are to •.accept said price on the bargaining table as the only alter­native measure of our dilenuna?

Today, it makes us wonder how long will it take to keep about 12 thousand p e op 1 e in the Marianas District alive when the war breaks out between the two giants (Russia & U.S.) in the Western Pacific. One could guess that it would take only one single blow to wipe out the entire population of the Marianas Dis­trict. Pure speculation? Perhaps .•••• but it is highly probable.

Is it not true also that because we cannot produce statesmen overnight, none of them yet are among those who are bargaining with the professional and the most shrewed n e g o t · i a t o r s who came from the ousted ex-President Nixon? This is not to 'under estimate the competency of our Marianas Status Counnission Negotia­tions to· take place in the near future. We are dealing with a very, very deadly serious matter. Unfortunate­ly, there is still a mad rush among the defeated Popular Party leaders to lead us all into a pitch dark cave, so to speak, which none of us know for sure what type of monster we are going to encounter deep inside the cave.

The tragic loss of the two former champions of the Marianas Status Commission from the Popular Party is clear indication, (not to be blamed on the outsiders) of a drastic shift of public opinion which obviously means that over half of Mariana Districts population do not want to rush or do not want the way the negotiation is being conducted or are simply fed up about the way U.S.A. is dealing with the Marianas people regarding their homestead lands, many of which are still held in limbo by the Administering Authority, and about the

famous unsolved War Claim problems in connection with the Status Connnission Negotiations. Evidence of these frustrations are being reflected specifically in the following two resolutions created by the current Maria­nas District Legislature:

Resolution //67-1974 - "A resolution relative t o r~questing the Marianas Political Status Commission to ensure that the existing land problems on Tinian island are fully and finally resolved.'"

Resolution /118-1974 - "A resolution relative to expressing dissatisfaction of the Mariana Islands Dis­trict with respect to the manner in which the claims of the inhabitants of the Mariana Islands District are being handled and to go on record of not being willin~ to approve any status arrangement with the United States of America until and unless the claims for the people of the Mariana Islands District are fully and equitable settled."

What in the world are we rushing the issue for???? Is the drive to satisfy one's ego much more significant than the whole public demand? Or is this simply an act of revenge on the part of the Popular Party leaders because they lost the election? The idea now is to work together for the betterment of all. After all, we are all in the same boat. If we make thew r on g ~nd hasty move now we will all sink together.

Uncle Sam has all the reasons under the sky to be desperate; to fortify our islands due to the mounting p-ressure form both enemies: Red China and the USSR. Both of these enemies, like .USA now have the capability of launching their swift deadly ballistic missles from their submarines while still submerged underwater. God knows how many of them are prowling the Pacific Ocean this minute awaiting their order to fire upon the U.S.A. The presence of the enemy in the Pacific, as Joe M u r p h y said in his Nov. 9th Editorial poses a tremendous threat to the security of the United ·states. The continual withdrawal of USA' s force from South East Asia has put Uncle Sam in an awkward position. For this reason he.has to look toward Micronesia, expecially Marianas and Palau District as another war front. If he fortified these two districts (and he's beginning to do so in the Marianas District) this in turn would give Uncle Sam almost full protection from the Western Pacific. Therefore, he has good reason to rush the negotiation so that TT woulds er v e his purposes.

What about us, what do we have to gain by rµshing the netotiations? Would it not be better if we slow down and make every effort to weigh and analyze the issue carefully so that we can obtain the maximum benefits for our people? We are very ~uch worried about the wreckless and hasty move of the Pppular Party leaders. They could very well lead us to our massive funerals! Watclr out people!

Name withheld by request

NOTE: All letters to the Editor must be signed with full

name and address of the writer, letters not signed will not be printed.

The Editor Marianas Variety News · & VieuJs

--------------..-----------.,.. MARIANAS UARIETY~:

Publishers: Abed ·and Paz castro Youn!$

Editor: Abed Younis

- --- - -----------------------------------------------

November 29, 1974 MARIANAS VARIETY NEWS & VIEWS

Continental Case Seeks Supreme Court Hearings SAIPAN ----- Micronesian

Legal Services Corporation (MLSC) filed via a private Washington,. D.C. attorney, Florence Roisman, a peti­tion for a hearing before the Supreme Court oft he United States concerning it's client's suit against the U.S. Dept. of the Interior, Rogers C.B. Morton, St an 1 e y S. Carpenter, Edward E. John­ston, and Continental Air­lines. The dispute specifically concerns a long-term lease signed by the High Conunissioner "granting Continental Air­lines, Inc. public land of recreational significance, for the construction of a large resort hotel." This writ of certiorari peti­tioned for by the MLSC comes at a time when many local rumors have been circulating that the

"Saipan 10" plan to seek a waiver of the case.

Accor.ding to an Attorney General Official, this is the first time a TT case has been petitioned for hearing before the highest Federal Court of the United States.

The petition argues three reasons why the writ should be granted: 1) that "T h e National Environ­mental Policy Act (NEPA) should apply to major actions of the Secretary of the Interior and Federal APPOINTEES ACTING UNDER HIS SUPERVISION AND DIRECTION, WHEN S U C H ACTIONS SIGNIFICANTLY AFFECT THE QUALITY OF THE ­HUMAN ENVIRONMENT." Both the federal district court in Hawaii and the U.S. ninth Circuit Court of Appeals in San Francisco

agreed that there was no basis for the TT to come under this act.

2) That "THE OOURT OF APPEALS SHOULD NOT H A V E OOMMITTED THE DECISION OF A SUBSTANTIAL FEDERAL QUESTION TO A OOURT FROM W H I C H THERE IS N 0 POSSIBILITY OF ULTIMATE REVIEW BY SUPREME OOURT. 11

The plaintiffs are arguing that since the "High Court is a creature of one of the defendants in this case, the Secretary of Interior and "Its judges serve at the pleasure of the Secretary" and t h a t lastly since "There is no statutory provision for review of its decisions by any federal court including the Supreme C o u r t" then the case should be heard in a federal district court

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Page 7 rather than the High Court. and 3) "THE FAILURE OF THE COURT O F APPEALS TO OORRECT THE DISTRICT OOURT 'S R E L I AN C E ON MATERIALS OUTSIDE THE OOMPLAINI' ON A mTION TO DISMISS WITHOUT TREATING THE M O T I O N AS ONE FOR SUMMARY J JDGEMENT CALLS FOR THE EXERCISE OF THIS OOURT 'S POWER OF SUPER­VISION." In other words there is a question of "whether a district court may fine, on the basis of affidavits and testimony, that allegations in a complaint were unwarranted inferences of fact not to be taken as true on a motion to dismiss, without treating the motion as one for summary judgement' and providing plaintiffs with a reasonable opportunity to p r e s e n r. pertinent material.

The AG's office has acknowledged receipt of their copy of the petition and has 30 days from the date of receipt in which to file a reply brief in opposition to the peti­tion. Following this the Supreme Court has an un­limited time in which to consider there quest before registering their reply.

If the Supreme Court grants the hearing, then the respective parties would formerly file hriefs and proceed to oral arguments. If it denies the hearing, and the High Court does not object to the case in its court, then no matter what the High Court decides, there would b~ no federal court recourse.

Carlos Salii, the Deputy Attorney General, responded positively to the case going before the Supreme Court. Pe noted that "never before has any case in the TT gone to the Supreme Court." It would be very interesting to see a higher authority make a ruling on the TI, 11

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Page 8 MARIANAS VARIEJ!Y NEWS & VIEWS November 29, 19?4

Marianas Talks SAIPAN - (MNS) - The

fifth round of formal negotiations with the United States concerning the future political status of the Marianas has been delayed for several days according to an an­anouncement by the Vice­Chairman of the Marianas Political Status Commis­sion (MPSC), Vicente N. Santos.

Originally scheduled to be held December 2, the

Delayed date now has been re­scheduled for December 5th on Saipan. According to the release, the U.S. Delegation, headed by Ambassador Franklin Haydn Williams, will arrive in early December for pre­liminary talks preceeding the opening of the formal session.

The status talks were scheduled after an in­formal meeting in Fonolulu last month between Chair-

NOTICIA POT I MA-PROPOPONE NA AKCION nui U.S. Environmental Protecion Agency (ahencian protecion pot i lugat, Region IX 100 California Street San Francisco CA 04111, 415/55603450 pot aplicasion para Permiso gi Sisteman i Mayutena i Inatplacha gi Nacional pot para umayute inatplacha siha gi hanom i Estados Unidos. Noticia Publico GU-746-W Noviembre 19, 1974. I Environmental Protection Agency, Region IX, San Fran­cisco, California man-resibe aplicasion siha pot para permiso ginen i Nacional na Sisteman i Mayuteten i Inatplacha ya ha-preparaye esta tentativo no deter­minacion siha pot asunto i permiso siha. Baho gi pre­liminatio na inestudia pot i ginagagagao siha na areglo gi Acto pot i Inadahe gi Inatplacha para i Halom Federal, come ma-amenda, yan i.manma implimenenta siha na regulasion, i Administradot Rehional, Region IX, Environmental Protection Agency ha-propopone para ulagnos permiso siha (NPDES) pot para manyute para i sigiente siha na aplicante, baho gi nos cuantos limitacion pot chugo atplacha yan special na condic~on siha: 1. NPDES no. GU011086, Depattamenton i Marino (Navy) de Estado Unidos, Facilidad Marino gi Dibision Pacifico, Engineering Command-Makalp Hawaii, FPO San Francisco 96610. I aplicante, esdesit i U.S. Navy, ha manenea un sagan amunicio giya Guam, M.I. I uno ni gagige pago na munanahuyong ha consisite ginen i hana~ matplacha na bapot gine mamagagasi na bapot ni gaige gimismo facilidad. I uno ni exisiste na munanahuyong para guato giya Talofofo gi posicion: Inancho 13°22 52" N. (katan), Inanako 144°41'3" W. (haya). I codigo pot i Clasificacion gi Magahit para Industria pot esta na facilidad gaige gi 4961. I"hanom ni'haresisibe esta na ninahuyong ma-calisifica pot i sigiente siha na beneficion: hanom para industria, hanom para agri­cultura, sagan guihan yan otro siha na gaga tase yan hano. I permiso, ni mapropopone para u matai gi Junio 30, 1977. Personas siha ni manmalago manguentos osino man-contra este i ma-calisifica pot i sigiente siha osino malago na u guaha inekungog publico sigun i gaige gi 40 CFR 125.34 debe de u sumeti halom i siniente niha OS IN O U MAG AG AO gi tininge gi halom trenta (30) dias ginen i fechan este na toticia, ·maske sea en personal osino gi catta para: U.S. Environmental Protection Agency Region IX. En­forcement Division, ENPPN, 100 California Street San­Francisco CA 94111 Telefon: 415/556-3450. Todo siniente osino kinentra ni maresibi gi halom trenta (30) dias ginen i fechan este na noticia, para ufan mamantiene siha na aplicasion. Yan interes publico ginagagao, i Administradot Rehional, sina hanae man tiempo para trenta (30) dias para mana fanhalom siha i i siniente pat kinentra. Yangin i manmatugi siha•na

man Edward nLG. Pangelinan of MPSC and Vicente N. Santos for the Marianas Delegation; and Ambassador Williams and his Deputy; James Wilson.

The Status Liaison Of­fice. reported that Ambas­sador Williams was ex­pected on December 2, and that the Ambassador was looking forward to a productive session.

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siniente ha indidica un si8nificante na interes publico pot i ma-propopone na permiso, osino un grupon ma-­propopone na permiso siha, i Administradot Rehional debe de una guaha un inekungog publico sigun i ginagagao gi 40 CFR 125.34. Un noticia para i publico pot este na inekungog para uma lagno gi ti umenos ke. trenta (30) dias antes de i fechan i inekungog. Yangin taya inenkungog publico mana guaha ya i ultimo deter­minacion ginen i Administradot Rehional, despues de consideracion siha gi todo siniente yan kinentra, kulan taya sustanciamente tinilaika ginen i finenena na determinacion, I Administradot Rehional debe de u nahanao un copian este i Ultimo na determinacion para i ma-permimiti yan para qualkier persona ni mansubmeti siniente gi tinigi pot asunton i permiso. I permiso siha para u efektibo trenta (30)dias despues de tina­titiye i fecha anai manma fitma nui i Administradot Rehional. I permiso siha manma considera come malognos trenta (30) dias despues de tinatitiye i fecha anai manma fitma nui i Administradot Rehional, solomente yangin hanae gi matugi na ginagao i para u guaha inekungog. Ginagao siha pot para inekungog pot ajudicaridad debe de umana halom gi halom dies (10) dias despues de tinatitiye i maresiben i ultimo na determinacion yan debe de u kumple i ginagagao na areglo gi 40 CFR 125.34. Todo tinige na ginagao pot ajudicaridad na inekungog debe de ufan manahanao guato para i Administradot Rehional, Environmental Protection Agency, Region IX, Attn: Regional Hearing Clerk, 100 California Street, San Francisco, California 94111. Yangin i Administradot Rehional hasede i ginagao ·para Inekungog pot ajudicaridad, debe de ufan nae noticia gi publico pot mismo inekungog. Qualkier persoa sina aan sumeti ginagao para um admiti domo un patte gi halom trenta (30) dias despues de tinatitiye i mapublican i mapublican i fecha pot i notician publico pot este i inekungog pot ajudicaridad. Yangi taya ajudicaridad na inekungog magagao, i permiso umalagnos pat uma-nega, amano i propio, ya este na akcion guiya ultimo. 'I aplicasion siha, i ma•propopone na permiso siha, paptet facto siha yanging ginagagao, siniente siha na maresibi yan otro siha na informasion mangaige yan sina manma copia gia: U.S. Environmental Protection Agency (gi lugat yan telefon ni ma-indica gi san hilo). I copia pot i ma-propopone na permiso sihan, papet facto siha yangin ginagagao, yan pot mas infortmasion sina ma gagao yanging matugie guato i Oficiana , i EPA gi san hilo na lugat osino umaagan i Permits Branch, Enforce­ment Division gi telefor 415/556-3450. Pot fabot nanae este. na .-noticia para atencion todo persona siha ni in­tingo man interesante gi este na sunto.

i

I

I

]

I

l

November 29, 1974 MARIANAS VARIETY NEWS & VIEWS Page 9

Swinunilg Program Begins · at Garapan Elemen ary SAIPAN - A new swimming

program for eight and nine year old students of the Gaparan Elementary School was started on the morning of November 27th at the Continental Hotel swinuning pool. The project is the brain child of Mrs. Susan Tenorio who is presently working at the District Education De]>artment as an Elementary School Super­visor.

In an interview, Ms.

Tenorio stated that she had learned swimming from a similar project while enrolled in elementary school in Hawaii. S h e feels that all children should be able to learn to read and to· swim by t h e age of ten.

At the beginning of the project, Ms. Tenorio had asked for approval from the Department of Educa­tion, but was told that it would be too risky. S h e

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then ta 1 k e d to Ms. Sekovitch, a professional swimming instructor from Hawaii who now resides on Sa i pan, asking if she (Ms. Sekovitch) would be willing to be the 1 i £ e­guard for these students during their swimming lessons. Ms. Sekovitch readily agreed tot his,

chosen because of its nearness to the Continent­al Hotel's swimming pool. The Royal Taga Hotel h a s also offered its swimming pool for use for such projects as this, but again the prob 1 em of bussing and instructors sets 1 i mi ts on more participation. The

t,aropan Elementa:r>µ Classes learning hot,.1 to sun·rn.

s r t ogether they approach­ed the Education Depart­ment again and were grant­ed approval for the pro­ject, • As far as plans fqr the future are concerned, this current progr m will last 3 - 4 weeks, at the end of which Ms. Tenorio expects that it will either become more sophisticated or expand to other schools, once problems of trans­portation and trained personnel are overcome,

The Garapan School was

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Continental Hot e 1 is paying Ms. Sekovitch f o r her services as the life­guard -and instructor t o these studerts at their swinuning pool. Ifs u ch offers are nade by other business groups and hotels, the project would prove beneficial for all students in Saipan schools. At present, the program is held t h r e e times a week ' on Tuesdays, Wednesdays, and Fridays from 9 a,m, to 10 a.m.

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Page 10 MARIANAS VARIEl'Y NEWS & VIEWS

Palau constitution ... Con't fY'Om page 1

No. 5-6-16 in last April's session. The Act further stated that if the Micro­nesian Constitutional Con­vention rejects the inte­gration of Palau into the Micronesian state on the basis of that constitution then the draft constitu­tion shall constitute the general basis of the fu­ture government of Palau outside the political family of Micronesia.

Of the 15 articles in­cluded in the document, the ones dealing with land, District Government, National Government the the Executive and the Judiciary seem to be most interesting in relation to the politics and tradition of Palau District.

Understandably, the first section of Article (4) deals with the sensi­tive issue of "Land," and pointedly states that "Lands and reefs presently owned or controlled by the government shall devolve to the districts in which they are located to be held in public trust by the respective District councils ... " However, a bill passed in August by the Congress of Micronesia to effect land return was vetoed by the High Com­missioner. In October the Palau District Legislature passed a resolution con­demning .that action, and seeking a halt in the status negotiations until the land question is re­solved. Just this week sources withing the COM stated tpat the U.S. gov­ernment is preparing to announce the return of public land the Trust Ter­ritory to the people of Micronesia by means of an executive order to be is­sued by the Secretary of the Interior. However, Sen. Lazarus Salii from Palau, is still insistent on preferring the legis­lative rather than execu­tive approach to implement the return, so as to avoid conditional return which would retain lands desired by the U.S. for miiitary

use. Article 4 further

states that "Only citizens of Palau may hold title to lands and reefs in Palau. Alien ownership ... , in whole or in part, is pro­hibited •••. with the ex­ception of those approved by two-thirds vote of the Palau Assembly. In ad­dition, Section 18 of the same article establishes an "eminent domain" policy whereby "Lands and reefs shall be surrendered by an agreement with the owners for the P U B LIC good as determined by the Palau Assembly or District Councils ....• Owners shall be compensated only to the extent that loss of their land or reefs causes ac­tual personal hardship." At present there is no TT regulation which allows for government confis­cation of private pro­perty.

Some of the most unique ideas of the draft are found within the pro­posed structure of the government in Palau. Two issues confront the reader - 1) That the Palau As­sembly and Prime Minister are not directly elected by the people but obtain their office via a system similar to the once pro­posed "electorial college" systems in the States, and 2) T.he government has no allowances for a separate appellate division within its court structure.Rather appeals are heard by a District Judge, a Judge of Palau and/or ultimately by the Palau Assembly - all who receive their job by appointment. The litigant in effect must argue his case against a specific law before the body which created the law.

The draft outlines that there will be 16 district councils in Palau - each embodied with le­gislative, executive and judicial powers and also subject to the provisions of "this Constitution and national laws and policies : • • " "There shall be a

r

District Governor elec~ed by a majority vote of the the District Council from among their member§." The draft denotes the indirect vote of the Palauan people for their National Gov­ernment by stating that "Each district shall be tepresented in the Palau assembly by a District Representative who shall be selected by the Dis­trict Council from • among their membe~, "The Palau Assembly shall also be the "paramount legislative authority of Palau."

"The executive power of the National Government of Palau shall be vested in the Prime Minister" who is "appointed by r~_so­lut ion of the Palau As­sembly from among their members ... "

Article 8 dealing with the Jidiciary states that "Each District Council shall appoint a District Judge .•. " who " .•. shall heqr all cases originating within that district ... " A judge of Palau shall be appointed by the Palau As­sembly to hear "cases in which the principal parties are residents of more than one district •.. "

In reference to the "Appeals Policy" the draft notes that "the members of the District Councils, and therefore also those se­lected for membership in each district, they are the representatives of the will of the people and custodians of the wisdom

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of Palau. They are there fore the best judges of the good of the people, and best able to interpret lhe meaning and intent of the law and of this Cons­titution." :bus the makers of the law also render judgment as to tbw appro­priateness and constitu­tionality of their ownlaws a unique system allowing no check and balance power in the legislative branch.

Lastly, Article 13, states that 11Amendments to this Constitution may be proposed by a majority vote of the Palau assembly and ratified by majority vote of three-quarters of the District Councils, "no mention is made of ratification directly by by the people.

A petition ... Con't from page 1

homestead land shouln be granted entry, and tho•e who met the requirements be issued certificate of title.

2) Public lands should be returned to the people of the Marianas to control and administer for the benefit of the people.

3) Completion of war claims with just compen­sation.

According to Dr. Pala­cios, president of the Territorial Party, the petition will be submitted to the Marianas Status Commission before the up coming session of talks which are scheduled to be­gin Dec. 5, 1974.

The upcoming Dec. 5, 1974 round of negotiations between the Marianas and the U.S. is considered to be the final round of negotiations, and an agreement on the Common­wealth Status for the Marianas may well be finalized.

b1ARIANAS UARIETYGi:: P.O.BOX 231 SAIPAN

Nov~mber 29, 1974 MARIANAS VARIETY NEWS & VIEWS Page 11

Restrainin Ord r ... rating a non-hotel con­cession. In addition, several Guam business also registered objections. A majority of Chamber of Commerce members a 1 so passed a resolution objecting to the amend­ment.

$5,000,000.00.already re­ceived from International Shoppers, Ltd. by the TT Gov't and 3) the approval of certain leases contem­plated by International Shoppers for their down­town stores.

Con 't friom pape 1

Duty Free Shoppers Limited, (D.F.S.) was granted the permit on July 1st 1974 to operate hotel shopping.arcades in

· t h e Marianas; another business permit 96-74 was issued, authorizing n.F.S. to operate a prime con­cession at the new Saipan International Atrport. In addition to that, D.F.S. submitted an application to amend its oripinal business permit 83-74 so that permit would autho­rize the applicant to establish a retail outlet shop on Saipan and that amendment was approved by the HiCom office on Oct. 9 of this year.

The complaint contended that because International Shoppers, Ltd. was originally granted business permit No. 83-74 which limited D.F.S, to the operation of hotel shopping arcades in the Mariana Islands District,

any amendment whicr would expand that permit'. peri­meters should effe·tively void the original lidding proposal on the I 1 e y Field Concession p oject. The complaint state< that ''s u c h an amendm nt to business permit No. 83-74 permits International Shoppers Ltd. to es.ablish a dc:Mntown retail store to be operat d in conj·mction with its duty fre con­cessions at Isley A rnort, which vi o 1 a. t es the integrity of the c iginal bid proposal, in tl t the original proposal tid not require, per s i , t nor contemplate the ri~ t to operate a downtowr store in conjunction witr the duty free conces. ion in the airport."

Saipan's three m d j or businesses - Manny Villa~ gomez Store, Tm 1house, and J.C. Tenorio Enter­Pr is es, all ,jected strongly to D.F.~. ope-

In o~dering the Tempo­rary Restraining Order, Judge Burnett has in effect acknowledged that a potentially meritorious complaint exists which, deemed persuasive in a more comprehensive hearing to be he 1 d on Dec. 5, 1974, the High Court might grant a preliminary in­junction enjoining the TT Gov't from the afore­mentioned activities.

The complaint further argues that both potential successful bidders and innocent third parties w o u 1 d be irrepairably damaged should the court fail to order a temporary in junction. This "irreparable damage" is claimed to result from 1) the bidding process it­self, 2) the obligation of

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November 29, 1974 MARIANAS V ARIEI'Y NEWS & VIEWS

• Salii on land ISSlleS • • • Con 't from page 1

until the land question is settled. The resolution, which had the support of Senator Salii, favored a legislative rather than executive approach to the return of public land 4

According to sources within the Congress of Micronesia, the planned Secretarial Order is ex­pected to be issued following a meeting in Honolulu next week, to which Micronesian leaders have been invited. The meeting, suggested by the u\s., is to permit a delegation of American of­ficials to "consult" with the Micronesian leadership before the order is is­sued. Director of Ter­ritorial Affairs in the Interior Stanley S.

Department,, Carpenter,

would head a U.S. delegation meeting.

three-man to the

Carpenter informed Senator Salii in a tele­gram last week that Secretary o~ the 'Interior Rogers C.B. Morton cannot reverse his decision to proceed with adminis­trative action to provide the framework for the return of public lands. He pointed out that the Congress of Micronesia, "despite two opportunities ••• was unable to pass an appropriate and satis­factory bill to implement secretarial policy." Secretary Morton first announced t~e U.S. in­tention to return public lands in Micronesia to the people in November, 1973.

In response to Car-

Fora taste thats

springtime fresh

penter's message, Senator Salii informed U.S. Ambassador Haydn Williams, the President's Personal Representative for Micro­nesian Status Negotiation~ that the Joint Committee on Future Status continues to prefer the legislative, rather that executive, approach to implement the return.

"The JCFS position, as I presented it to you in Honolulu (in late October); the Senator told Willia1!19, "is that the only way an executive order will be acceptable will be either (1) that no conditions were set in the executive order regarding the return of public lands, or (2) that the conditions set in Senate Bill 296 and no others be included in the executive order." Furthe1;, Senator Salii stated, "any executive order will have to have prior ap­proval, repeat, prior approval of the )CFS before it is issued, rather than merely to have the views of local leaders quote considered unquote."

Senator Salii added that, in view of the position of his district legislature, if an axcu­t'ive order is issued by the U.S. without the prior approval of the joint committee, he "cannot ••• agree to resumption of negotiations with you. 11

Salii told Ambassador Williams that his commit­tee would be willing to work with the U.S. side in coming up with draft legislation acceptable to both sides for consid­eration by the Congress of Micronesia.

Despite this op-pesition to the issuance of an executive order on the return of public land~ the U.S. has invited Micronesian leaders from the Congress and the six district le~i_slatures, as well as the six district administrators, to the December 2 meeting with Carpenter in Hawaii. In response, Senator Salii has recommended that the Congress and the speakers of the district legis~

Page 13

latures "not participate" in the meeting "unless Interior -assures that ap­proval of the Joint Committee on Future Status· w1ll be required before issuance of the executi-ve order."

The Senator further reconunended that the meeting be changed from Honolulu to Saipan, in view of the large number of Micronesian parti-cipants and the expense involved, and he suggested that all of the Micro­nesians involved in the meeting meet first on Saipan to establish a unified Micronesian posi­tion on the public lands question.

On Monday of this week, Speaker of the House Bethwel Henry and Senate President Tosiwo Nakayama informed the speakers of the various district legislatures that they have asked Washington to postpone the December 2 meeting, and to move it to Saipan. They further said that they concur with Senator Salii's suggestion for an advance meeting on Saipan.

Speaker Henry and President Nakayama were reportedly planning to fly to Saipan Wednesday for this meeting, but it could not be learned how many, if any, of the district legislature representa­tives would attend. Some other members of the Joint Committee on Future Status were also reported to be flying to Saipan for the discussions.

Although he would not comment publicly on the situation, other than~ to provide MNS with copies of the relevant correspond­ence, Senator Salii was believed to view the planned U.S. executive action to effect the re­turn of public lands as a threat to the authority of the Congress of Micronesia as well as an attempt by the. U.S. to bypass the Congress ,on a major, critical issue.

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