HOUSE JOURNAL -~ }4th DAY
t
the applicable law revealed that under $3, TTC Section 54 an a licatic
ee we
for an entry permit cOuld be made to and granted by the Distri«’
aAd-" *
Hroistrator. We therefore determined to present the matter ‘irectly
te the Nistad and proceeded to his office in Ataji'’s pick-up truck. Tt
eee ee
group was introduced to the Distad and I explained the circunstances
surrounding their arrival and assured Mr. GeBrum that until the medicez
erlry application was acted upon, either by himself or Saipan, the grou
would remain in Majurco and conduct themselves strictly as tourists.I
then indicated that under Section 54, it was possible for the Distad tc
make an immediate evaluation of the proposed activity of the survey
team and a decision as tp whether they be allowed into or excluded froz
the’ frust Territory under the standards set out in Section 56.
The
*
Di&tad stated that he was aware that the application was presently
under consideration by the Attorney General and flatly declined to
It
take any substantive action not first approved by the AG in Saipan.
was unfortunate that at this stage, Russ Walker was not present to
_
advise the Distad who was extremely ecgy and simply unwilling to accepi
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 vere (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
av they conducted themselves as tourists and refrained for all non-teurist activity, they must be allowed to remain pending a determination upon their spplicatien for non-tovurist or business status.
Powles finally agreed to accept my offer to provide him with a
cemplete informetion concerming the persennel within the group
and
hig
We
wax
their preposed activities within Micronesia and to reconsider
latest Gecision that the group was not ‘truly a medical team.'
recrived his cable to this effect shortly after the pnone call
concluded,
It was apparently sent as soon as he becarxe avare of
the team's presence in Majuro.}
Both me and the Distaé requested
tit he inmediately come to Majuro to make an assesment (sic) of
vhe situation and conduct a hearing to determine the propriety of the
applications.
Bowles refused.
foe
"On Fridav, Dec. llth we exbled Bowles providing him with the
information he had egrend to 2: zeive and insisting that the group woul:
remain in Majure as tourists uetil he made a substantive decision
,
regarding the medical survey under Section 56.
We also stated our
intention to sppeal his @ecisaon under Section 58 if the application
was denied.
Even though Secti--n 58 appeered to allow eppeal in
cases involving US mationals and citizens, it is directed specifically
to Gecisions of the HiCom under Section 55(11).
I figured thet denial
of the medical survey would, inevitably, heave to be crounced upon the
latter subse ction. anz-this, combined with the face that ‘nationals’
referred to in Section 58 could r. ascarlly incluse HMicronesians, could
support jurisdiction for an aj;eal.
Rei). Gaios ang the members of .’
the Pongeizp Mun. Covncil, Hicroncsians ware the real parties in
interest, and therefozfe should be entity4
aTP appeal.
~Bowles' reply was absurd.
slo
Re sti‘ ed that the group was,
ind. -d, a medical tean and cout 3a Cherefire jot rezsin in Nejure as
tourists pending a €ecisicn on
their me: yeaorist eppiicetion.
As
authority for his decision, ha cited Atmains Strati on Directive 6$-1
"{Jan. 15, 169) which agparently states chat no person entering the
"Trust Territory as a tourist could cnangg Pha status vinile remaining
aoe
“within thugT?.
Mette, ex the Immigration Ofvicer nor the Distad was +
one!
me
7203~
DOE ARCHIVES
Gt