HOUSE JOURNAL -- l~+h DAy
the applicable law revealed that under 53, l’TCSection 54 an nL’Lica,tion
for an entry permit cbuld be made to and granted by the Distiil[ Ad‘
w~.>iot-rater.We therefore determined to present the m~tter ,’irl’ctly
tc th~ Distad and proceeded to his office in Ataji’s pick-up truck. The
gtoup was introduced to the Diotad and I explained the circumstances
#
surrounding’
their arrivaland assuredMr. deBrum that until the medical
ePLry ap~licationwas acted upor.,eitherby himselfor Saipan, the group
would remain in ~ajuco and conductthemselvesstrictlyas tourists.’.
1
then indicatedthat under Section54, it was possible for the Distad to
.’
make an immediate evaluation of the proposed activity of the survey
teantand a decision as tQ whether they be allowed into or excluded from
f.$$Trust Territory under the standards set out in Section 56. The
Vi&tad stated that he was aware that the application was presently
under consideration by tie 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 extrdmely edgy and simply unwilling to accept
my assurances that he had adequate authority to act. The Distad ~en
proposed that we tele?hone Acting AG Bowles in Saipan.
,.
#--
,
.,.
F.
--:.,
,,$;
;=%
.$,
s,;
,<
,,
5
:.,
.%
..
‘,
t,
t’
“On the telephone, Bowlefi”+stated
that the group were (sic) not
t.cmrists,had no authority to be in the Trust Territory and inust
dd.parton the afternoon flight for Honolulu. I stated $hat so long
,10 lh~
conducted themselves as tourists and refrained for all nont:.!lrist
activity, they must be allowed to remain pr:llding a detern~nation ugon their application ior non-tourist or business status.
Pf.wlesfinally agreed to accept my offer to provide him with a
rrrnpleteinformation concerning the personnel within the group
and their proposed activities within Micronesia and to reconsider
hi,;latest decision that the group was n~t ‘truly a medical team.’
(W= recaived his cabl.oto this effect shortly after the phone call
w.~nPoncludcd. It was apparently sent as soon as he became aware of
t))fI tram’s presence in Majuro.) Both me and the Distad requested
!v.,t,
he immediately come to Ma;uro to make an assesment (sic) of
:-b,!
qituation and conduct a hearing tO determine the propriety of the
fiq~lications. ibwkfi refused.
c:
Oon ~ri~avr ~e,c,~ith WC!(’::fL\led
BOWIQS providing hi~fl
wi~~ ~~@
Information he had aqrpcd to I,::eiveand insisting that the group wouid
remain in Majuro as tourists u’til he made z substantive decision
regarding thtimedical survey under Section 56. WQ also stated our
intention to apj?ealhifideci:,~{munder Section 58 if the application ,:
was denied. Even though $c+cti:n58 appeared to allow appeal in
cases involving
US nfitionalsOlidCitiZcl-\:;, it is directed specifically
to decisions oflthe HiCom undl:,$cction 56(11). I figured that denial
of the medical survey would, in~vitably! have LO he grouncledU?on the
latter’suhs~.aCion.andthis, cul,~~~ned
wi(h ti.,oiacc that ‘nationals’
rcferzed to in Sectj.on50 coulfi?,.accv:}(ly
include 14icronosians,could
support juribdicti.onfo~ an al,,c.)1.Rc:1,R,llosand the members of .1
the Ronqalup Mun. C~ut]cil,1~.ir!’or.~simle
wI.j-c tlIQ r~;ll parties
h
interest findtherefo~’eshould btientit~.~,~ > a~peal.
,.
)
4
-lcJ3-