HOUSE JOURNAL -~ 14th DAY
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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 AdMiristrator.
We thercfore determined to present the matter “irnetly
to the Distad and proceeded to his office in Atajits pick-up truck. The
gfoup was introduced to the Distad and I explained the circumstances
,
surrounding their arrival and assured Mr. deBrum that until the medical
entry application was acted upon, either by himself or Saipan, the group
would remain in Majuro 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
tearand a decision as to whether they be allowed into or excluded from
thea’Trust Territory under the standards set out in Section 56. The
Distad stated that he was aware that the application was presently
under consideration by the Attorney General and flatly declined to
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take any substmtive 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, Bowler“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 that so long
ar they conducted themselves as tourists and refrained for all non-
tourist activity, they must be allowed to remain pending a deter-
mination upon their application for non-tourist or business status.
Bowles finally agreed to accept my offer to provide him with a
complete information concerning the personnel within the group
and their propoted activities within Micronesia and to recensider
his latest decision that the group was not ‘truly a medical team.'
{We received his cable to this effect shortly after the phone call
was concluded.
It was apparently sent as soon 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
tho situation and conduct a hearing to determine the propriety of the
applications. —"Bowler refused.
tt
“on Pridav, Bec. llth we cabled Bowles providing him with the
information he had agreed to 1: ceive and insisting that the group would
remain in Majuro as tourists uctil ha made a substantive decision
Yegarding the medical survey under Section 56.
We also stated our
intention to apoeal his decision under Section £8 if the application
was denied.
Even though Secti:n 58 apceared to allow appeal in
eases involving US nationals and citizens, it is directed specifically
to decisions of the HiCem undec Section 56(11}).
I figured that denial
of the medical survey would, inevitably, have to be grounded upon the
latter subsection and-this, cembined with the fact that 'naticnals’
referred to in Section 58 ccuJd reasonc!,ly include Micronesians, could
Support jurisdiction for an ap,eal.
Ret}. Balos and the members of .’
the Rongclap Mun. Council, Micronesiang, were the real parties in
interest and therefore should be entitl/a > appeal.
"Bowles' reply was absurd,
He stijed that the group was,
inde:d, a mudical team and could theref;re pot remain in Majuro as
tourists pending a decision on their nqrorrist appiication. As
authority for his decision, ha cited Adijinistrati' n Directive 69-1
* (Jan. 15, 1969) which apparently states thar no person entering the
‘Trust Torritory as 2 tourist could changg his status while remaining
“within ’trhopT?. lscitcher the Immigration Ofvlcer nor the Diatad was
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