Volume 72 · 1095
Public Law 85–851
To amend the Revised Organic Act of the Virgin Islands.
Approved August 28, 1958
Statutory text
AN ACT
To amend the Revised Organic Act of the Virgin Islands.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3 of the Revised Organic Act of the Virgin Islands is amended by adding at the end thereof the following new paragraph:
“No political or religious test other than an oath to support the
Loyalty statement.
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.”
Sec. 2.
Subsection (a) of section 8 of said Act is amended to read
as follows:
“(a) The legislative authority and power of the Virgin Islands
Legislative power and authority.
shall extend to all rightful subjects of legislation not inconsistent with this Act or the laws of the United States made applicable to the Virgin Islands, but no law shall be enacted which would impair rights existing or arising by virtue of any treaty or international agreement entered into by the United States, nor shall the lands or other property of nonresidents be taxed at a higher rate than the lands or other property of residents.”
Sec. 3.
Subsection (e) of section 8 of said Act is amended by striking
Code of laws.
the words “and any supplements to it”.
Sec. 4.
Subsection (a) of section 17 of said Act is amended by
Comptroller.
striking the words “not to exceed”.
Sec. 5.
Subsections (e) and (f) of section 17 of said Act are
Appeals from decisions.
amended to read as follows:
“(e) The decisions of the government comptroller shall be final except that appeal therefrom may, with the concurrence of the Governor, be taken by the party aggrieved or the head of the Department concerned, within one year from the date of the decision, to the Secretary of the Interior, which appeal shall be in writing and shall specifically set forth the particular action of the government comptroller to which exception is taken, with the reasons and the authorities relied upon for reversing such decision.
“(f) If the Secretary of the Interior confirms the decision of the government comptroller, or if the Governor does not concur in the taking of an appeal to the Secretary, then relief may be sought by suit in the District Court of the Virgin Islands if the claim is otherwise within its jurisdiction.”
Sec. 6.
Subsection (c) of section 20 of said Act is amended to
Salaries.
read as follows:
“(c) The salaries of the Governor, the Government Secretary, the government comptroller, and the members of their immediate staffs shall be paid by the United States. The salaries of the heads of the executive departments shall be paid by the government of the Virgin Islands; and if the legislature shall fail to make an appropriation for such salaries, the salaries theretofore fixed shall be paid without the necessity of further appropriations therefor.”
This section 6 shall become effective on July 1, 1959.
Sec. 7.
The last sentence of section 24 of said Act is amended to
U. S. Marshall, appointment.
read as follows: “The Attorney General shall appoint a United States marshal for the Virgin Islands, to whose office the provisions of chapter 33 of title 28, United States Code, shall apply.”
Sec. 8.
The first sentence of section 26 of said Act is amended to
Trial by Jury.
read as follows: “All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government.”
Sec. 9.
Wherever the term “district attorney” appears in the seventh
and eighth sentences of section 27 of said Act the following term shall be substituted: “United States attorney”.
Sec. 10.
The first sentence of subsection (b) of section 8 of said
Issuance of bonds.
Act is amended to read as follows: “The legislature of the government of the Virgin Islands may cause to be issued on behalf of said government bonds or other obligations (1) for a specific public improvement or specific public undertaking authorized by an act of the legislature, and (2) for the establishment, construction, operation, maintenance, reconstruction, improvement, or enlargement of other projects, authorized by an act of the legislature, which will, in the legislature’s judgment, promote the public interest by economic development of the Virgin Islands. Such bonds or obligations shall be payable solely from the revenues directly derived from and attributable to such specific public improvement, public undertaking, or other project.”
Sec. 11.
As used in this Act, the term “Revised Organic Act of the Virgin Islands” means the Act of July 22, 1954 (68 Stat. 497), as amended (48 U. S. C., secs. 1541 et seq.).
Approved August 28, 1958.