HOUSE JOURNAL -- 1%th DAY
1

the applicable law revealed that under 53, TTC Section 54 an application
for an entry permit could be made to and granted by the District Ad-

Ministrator.

We

therefore determined to prerent the

matter ‘iractly

to the Distad and proceeded to his office in Ataji's pick-up truck.
The
gtoup was introduced to the Distad and I expiained the circumstances
surrounding their arrival and assured Mr. deurum that until ile medical
entry application was acted uron, either by himself or Saipan, the group
would remain in Majurco and conduct themselves strictly as tourists. I
then indicated that under Section 54, it was possible for the Distad to
make an immediate evaluation of the proposed activity of the survey
team and a decision as to whether they be allq@ed into or excluded from
the Trust Territory under the standards set cut in Section 5¢.
The
Distad stated that he was aware that the application was presently
under consideration by the Attorney General and flatly declined to
take any substantive action not first approved by the AG in Saipan.
It
was unfortunate that at this stage, Russ Walker was not present to
advise the Distad who was extremely edgy and simply unwilling to accept
My assurances that he had adequate authority to act.
The Distad then
proposed that we telephone Acting AG Bowles in Saipan.
“On the telephone, Bowles“stated that the group were (sic) not
tourists, had no authority to be in the Trust Territory and must
depart on the afternoon flight for Honolulu. I stated thac so long
as thes conducted themselves ag tourists and refrained for all nontourist activity, they must be allowed to remain pending a determination upon their application for non-tourist or business status.
Bowles finally agreed to accept my offer to provide nim with a
compicte information concerning the personnel within the group
and their proposed activities within Micronesia and to reconsider

his latest decision that the group was not’ 'traly a medical team.‘

(We received his cable to this effect shortly after the phone call
was concluded.
It was apparently sent as soom as he became aware of
the team's presence in Majuro.)
Both me and the Distad requested

that he immediately come to Majuro to make an assesment (sic) of

the situation and conduct a hearing to determine the propriety of the
applications.
Bowles refused,
e

"on Fridav, Dec. Lith we rabled Bowles providing him with the

information ha had agreed to i: ceive and insisting that the group would
remain in Majuro as tourists util he made a substantive decision
Yeyarding the medical survey undcr Section 56. We also stated our

intention to apseal his desision under Sectioa §8 if the arplication

was denied.
Even though Secti-:n 58 appeared to allow appeal in
cases involving US nationals and citizens, it is directed specifically

to decisions of the HiCsm unduc Section 56(11). I figured tnat denial
of the medical survey would, inevitably, have.to be grounded upon the
latter subsection and- this, ccmbined with the fact that ‘nationais'
referred to in Section 58 ceuld roasonc),ly include Micronesians, could
Bupport jurisdiction for an carpeal.
Ret). Bales and the mericrs of .’
the Rongelap Mun. Council, Nicronesians | were the real parties in

intcrest and therefore should be entit) a Pp appeal.
"Bowles* reply was absurd,

He styted that the group was,

indes:d, a medical team and could there: re jot remain in Majuro as
tourists penling a decision on their Ne! peo arist appilcation.
és

authority for his decision, ha cited Ad:uni steaticn Directive 69-1

.

“ (Jan.

15, 1969) which apparently states *nap mo person entering the

‘Trust Territory as a tourist could changg jis status while :omaining

“Within thorTe.

lcoither the Immigration Ofvicer nor the Distad was

*103-

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