Appendix — Smith v. Virgin Islands

A-l

Judgment

8 NITED STATES COU RT OF APPEALS

Ion THY Troirp Ciecir

aaa Sth

| ; No. 14,585

NokMAND Satire amd “Nawey L. Sarr.

: ae ants s,

o vials

Govensmess or THe Viner ial AND? S —

afd = te ee ee

Havin Agvitesea “UIncopporated and

" Hlanvis Aue UMINA Vancty sls anps, INc.,

Intervenors,

(Civil Action N6. 105-1962) eee

a. ee. se

No. 14.536 ; -

ee °. - 3 ee - . "

\ Harry NevMann,

- “Appellant,

GOVERNMENT ore THE Virgin [s_anps,

Harvey Avtauna Vireix Iscanos, Ine.

and? Harvey. ALuMinem (Incorporated)

(Civil Action No.. 106-1962)

“Appeals from the

Division’ 6% St: Crom, Christiansted Jurisdiction.

Present;

. °° : _ : wt

These causes cime on to be heard on the

the Distriet Court of-the Virgin Islands, Division of St.

District Court of the Virggn Islands,

“ WaLopNeER, Stacey and Sarru, Circait. Judges.

records trons

. an

A-2 a =

Judament

were argued bs

“Croix, Christiatisted Jurisdiction, and

° “S4

. counsel. '

- “On consideration: whereof, it is now here ordered and

adjudged by this Court that the order of the said District

Court. tiled July 10, 1963, dismissing the qilaintiff<” suits

be, and the same is -hereby vacated, and the causes are

remanded with ‘directions to the Distriet Court to enter

summinary judginents against the plaintiffs: with cost» in

this Court; and with costs, including reasonable attorneys’

fees, as allowed by the District Court.

Attest: MS,

: 4 ad s

lox O. Creskorr

Clerk

* oe 4 ° .

“April 10, 1964

ere. ee a ae

- : -Opinion

| o scscsniigicllghiliaananpiine : ' 7 Bs ¢?

- °)) Normanxp Sautu and Nancy L. Savri, - ;

. Ses NC Appellants,

Government or THE Vines Istanps, ‘

F ~ and | i

Harvey Acemixnem (dnceorporated) and. *

| Harvey Avemina Verein Iscanps, INc.,

‘ : Interveners. .

: Haney Neva ann, :

/ . : ‘Appellant,

a. i

GovERNMENT or THE Virnarx Isianps,

Harvey Arc mina Virein Isianps, [ve.

and Harvey Atvuminum (Incorporated).

/ Nos, 14535, 14556.

EE Oe

UNITED STATES COURT OF APPEALS

ee | Tern Cicer. 2

Argued Oct. 11. 1963.5

Decided Feb, 28, L964.

Rehearing Denied April 10, 1964.

Jefore: Kavopnek, Stacey and’ Ssrru, Circuit Judges.

@

Kanopner, Cirenit Judge.

These appeals are from an Order of the District Court

dismussing, for failure te state at claim upen which retief

ean be granted, twe consolidated separate taxpaver suits

brought by the appellafits to enjoin the performanee by

the Government of tie Virgin Islands (“Government”) of

* The appeal was submitted for disposition on November 19, 1963

when the last of the parties’ briefs was tiled.

A-4

Opinion

e

fs

an Agreement, ratified and adopted by Act S14! of the

Legislature of the Virgin - Islands, with Harvey Alumina

Virgin Islands; Ine. ("Harvey")? relating to the develop-

ment by Harvey, on thé Island) of St. Croix, of it

$25,000,000 aiumina® plant, including a degp-water ACCESS

channel and turnabhout area.

The pertinent provisions of the Agreement may be high-

lighted. as follows: Govermnent was (1) toffonvey to

Harvey as site for the alumina plant, subject to thie aby)

proval ‘ot the Federal Atiation Ageney of the United

States, some TOO acres known as Airpart Land, ats ty whrich

it eld a restricted tithe.’ and such tithe as it had in a 500.

acressalt water marshland described jas Krause Lagoon:

.

(2) to grant Harvey certain tax exemptions and subsidies -

1. Act 814 was enacted by the ee Islands Legislature on

February 19, 1962 and =! Sagar by the Governor of the Virgin

Islands on February 20, 1962 .*

2. Harvey Alumima. Virgin Islands, Inc.. a Virgin Istarids Corpo-

ration, is a wholly-owned subsidiary of H: ITVEY Aluminum (incofpo-

* rated), a California corpor: ition.

3. Alumina, a white odorless powder tect from bauxite ore, is

the base niaterial from which aluminum i is derived.

4+. The United States made a -giftsof a restricted title to Aitport ”

Land to the Mumicipality of St. Croix on November 22. 1948, pur- -

suant to the Surplus Property Act of 1944, 58 Stat. 763. as amended

O] Stal 678-679, 50 App. ULS.C.A, § S WG220 gy (2) | A); title df the

Municipality of St. Crotx wes later vested in the Government of the

Virgin Islands by the Revised Organie Act of the Virgin kehnds, OS

Stat. 497, 502-5053, 48 USCA, $1370,

Under the Surplus Property” Act et 1044 Government could rot.

convey its restricted title ta Airport Land without the approval of the

United States. On May 16, 1962, the Federal Aviation Agenéy™

approved the conveyance of Airport Land to Harvey’ subject t6 an

easement not here relevant.

5. The record establishes that title to the Krause Lagoon tract’ was

acquired-by- Govetiment from one H. Bingham Hark in January...

19©3—subsequeht to the execution of the Agreement—on payinent of

$o,100 by Harvey to Hark.

€ : ord ’ -

c

és

— Opinton

‘for a Tieyear periods’ (3) to “use its best efforts” to”

enable Harvey %o obtain reimbursement of ne more than

F3,.000.000 of Harves?s cost, in deveboping the deep-water

channel and its turnabout area from certain’ so-called

6. The Agreement contained these provisions with respect to tax

exemptions ayd subsidies accorded to Harvey by Government :

“8 Tax exemption, and Subsidies. : :

» “¢AN)° Harvey and such of its Affiliates-as are engaged in con-

structing, owning and/or operating, in whele or in part, the. Plant

and Related Facilities shall for + period of sixteen (16) vears frorf

fae Approval Date*be exempt from: payment of all taxes. excises,

duties, imposts and exactions imposed by or with’the consent of the

Government, or any subdivision, agency or instrumentality, thereof,

on constriction, Ownership, operation, mamtenance, expansion or

other activity in respect of the Plant and Related Facilities and the,

raw materials, work im process and products thereof (including im-

porting. exporting, loading, unloading, processing, production and

sale’of bauxite, alumina, any compound or combination of either of

“ then, or any other raw material or product of, or any equipment or

“machinery imported for use at. the. Plant tnd Related Facilities).

The foregoing exemption shall include speciticaliy exemption from:

“(i all: property and franchise ta€es:

“(tty all annual or ‘specitic license. fees (except automobile

license fees); . See —

“(iii all import duties and other taxes including trade taxes

and excise taxes, on building materials, furnishings and eqtp-

ment used in the construction, operation, maintenance and expan-

sion of the Plant-and Related Facilities, and on raw material |

brought. inte the Virgin Islands for consumption or processing at

tlie Plant and Related Facilities ;-"" *

“civ) all excise and gross receipts taxes in respect of exports

or sales of prédycts or hire or use 6f property.

“Contractors and subcontractors for Harvey and: its Affiliates

shall he exesnpt from the payment of all excise taxes on building

Materials; furmshings and equipment ‘imported into. the Virgin

Islands ‘by such. contractors and subcontractors for use in the’ con-

struction ayd expatision of the Plarft and Related Facilities during

‘the period te which the foregoing “exemption apples: provided,

however, that the exemption provided for in this sentence shall not

> f

oo i : ° ° b ; -A-6 , - _— }

Opinion fe

nate hing funds payable Hin the U nited States ‘to Govern-—

ment with the proviso, that if alloy ttions from the match-

‘ing funds proved insuflicient thi Harvey could secure

reimbursement from Government's ‘“unoblig rated non-tax

revenues “and if the latter were insufficient, Harvey could

“offset” unpaid balaygees against itx “obligation “to pay

a

be applicable to construction equipment of such contractors and sul>

contractors. ;

“(B) Harvey and such -of its affihates as are engaged in the

business of constructing, Gwoing and/or operating, in whole or in.

part, the Plant and Related Facilities siall, except to the extent that

Federal statute may otherwise provide, recetve a non-taxable sub-

sidy measured by the following taxes, except to the extent thai

Harvey and tts Aftiliate sare éxenypted trom such taxes pursuant to

the terms of this Agreenieni, In afl amount eqital to :

“(h) seventvifive percent ¢75°° ) of the income taxes in re-

spect of a period of sixteen (10) vears from the date of comple-

“tien Of construction’ of the Pant (other than in re ‘spect of income

detived from sources wi.hint any of the States of the’ United

States ) actually paid ‘into. the Treasury of the Virgin Islands ;

and . ’

. “(i1) one » handed percent (100% 5 ‘of the import duties and

other taxes on-raw material brought into the Virgw I:lands for

consumption or processing at the Plant and ‘Related Facilities,

~ and on building materials, furnishings and equipment imported

into ‘the Virgin Islands. for use in the construction and’ expansion |

of the Piant and Related Facilities, actually paid into the Treas-

ury of the Virgin Islands in respect of 2 poe of sixteen (16),

years from the Approval Date; and : ? pe :

iii ) the entire amount of any taxes actually. paid into ‘the

Treasury of the Virgin kslands that are attributable to or are im-

posed directly or indirectly as a result of one or more of (1) the

subsidy and qtier 4 avments, conveyances of property, ‘and /or

other actions by the Government in compliance ‘with this Section

(including this’subdivision (iti) hereef} or any of the other pro-

visions of this Agreement, (2) any sale, convey ranee, exchange or

transfer at anytime within the period of sixteen (16) wears from.

the Approval Date of all or any portion of, or interest in, the °

Government e.g and/or properties then comprising the

Sites between regeeid s Affiliates, or any two or more of them,

of 43) any sal, Convevance, exchange of transfer at any time

Within the period sh sixteen (16) vears from ‘the Approval Date

2: of all or any portion of, or interest in, the Government Properties

~

2 7s ; a 8

Opinion >

Govermuent taxes ether than income taxes:’ and (4) to

; — yaintain the channel and its: tu¥aabout area free from

obstructions and dredged -to their completed dimensions: .

| e :

- and/or properties then comprising the Site, by Harvey, its Affilié

ates or any of them to or with one or-more other persons, firms

or corporations for the purpose of acquiring real property (or

interests pertaiuing thereto) in the Virgin Islands to be included

in the Site or for the purpose of acquiring cash or propefty

which, within thrée years of such acquisition, is used for said

nee "- purpose. - it gilt ; ec os

“During the period of sixteen (16) years from-thedate of comple-

tion of construction of the Plant, any stockholders of any such cor-

porations whorare resents of the Virgin Islands shail receive a

non-taxable subsidy in an amount equal to seventy-five percent

(75%,) of thy income taxes actually paid by them into the Treasury

‘ of thé Virgin Islands of) income derived hy them as stockholders

from activities in respect of the Plant and Related Facilities to

which t% foregoingexemptions and subsidies relate.

.

¥ * ‘° * * - * : :

a “* * *°All transfers of real property (or interests pertaining

: thereto) to and from the Government pursuant to the terms of this

Agreement, transfers of real property (or interests pertaining

thereto) bi and between Harvey. and any one or more of its Affiti-

ates, or by and betaveen any two or more such Affiliates, and any,

transfers of real property (or-interesté. pertaining thereto) contem-_

plated by subdivision 9(B) (iti) and any other provision of this

Agreement, shall be exempt from all taxation by the Government.”

In Paragraph 4+ of Annex C to the Agreement there were. these

farther tax exemptions and supsidy provisions: . *,

“(A) Harvey and its Affiliates: shall have’ the fight to use the

above-mentioned channel and turnabout area free of any taxes,

excises, duties, fees, charges, imposts, or exactions imposed by or

with the consent of the Government or any subdivision, agency or

lfistrumetitality thereof, for a period of sixteen (16) vears from the

date of first ‘comimercial use thereof, which shall be deemed for

purposes hereof to be the first anniversary of the Commencement

Date ; provided that Harvey and its Affiliates shall not thereafter he

subject to any such taxes, excises. duties, fees. charges, imposts or

exactions except ds a part of a general law applicable to the use of

navigational facilities subject to. the jurisdiction of ‘the Govern-

ment.”

7. The provisions as to reimbursement appear in Paragraph 4 of

Annex C; : Ns

‘s ' (A) ** ® Subject to the.terms and conditions set forth herein.

the Government agrees to reimburse Harvey for the costs of the

Opinion :

- The Agreement prefaced its Covenanting provisions with

~

/

this stateme ne ot poliey: .

alleviate under-cmpioyinent in the Virgin Tslands, t

improye the quality of cmplovinent through the

ee eee. Swe = ies CAD

(Channel Project. directly or indiftetly ineurred by Harves on

behali of the-Gevernment for the dredging and .conmpletion of the

channel and’ turnabout area, .inclading in the computation of such

costs a reasonable allocation ot overhead and other indirect costs,

all as determined in accordance with good accounting practices.

‘Lhe Government's unde rtaking herem to make reimbursement to

_ Harvey as aferesaid shal! in no event be considered to be a gener l

obligation of the ‘Government and shall not bear-interest. * Such

_reimbursement to Harvey shall not exceed 33,000,000 in the aggre-’

gate i etther the Channel Project was c4structed accordyng. to ” e

design submitted bi Harvgv or Elarvey failed to submit a desig

within eighteen (18) months after Ne Approval Date. °,

“(Ba WwW ithyn thirty (30) davs after thetend of Harver's tisca!

vear, Harvey's Ciief Financial Officer shill certity in reasonable

detatl to. the. Government the aggregate amount rembursable bur

unremmbursed to barves heretncde tT. as at the end of such tises!

year, in respect of Channel Project costs meurred im that and Any

“preceding fiscal year, and within thirty (30) dats after the-com-

mencement of the Government's next steeceding fiscal vear, the

Government shall remburs” to Harvey the lesser of such amount

and S3G0,.000.

“(Cs The Government agrees. to use its best effort®Pto o" tig.

th sha extent that aomiav lawfully de ‘so, tor — PUTpose ot Matha

and to the extent necessary te make the reimbursement referred to

above, all momes transferred and to be uransterred to the Govert-

ment pursuant io Section 7032 of the United States Internal Rev-

enue Code of 1954, as amended, and the separate fund in which

such momes are to be deposited pursuit te said Section. Hand

to the extent stich monies and tind be msutticrent for such purpose

in amv fiscal vear, the Govertenent undertakes, to the extent thet

namay lawfully do so. twobligate tor the purpose af making and to

thle extent wecessary to make such rembursement, all oe unabl:

gated pon "tax revenues of the Gove Trent. li and ¢ © extent

that said monies, fund ov l revenues-be itsuthicie: a tor peli 9 purpose

* ; r

“Waent sk. it is the poliey of the Government. to

Opinion

offering of cimployineht invelving higher skills, te

hyve established in the Virgin Fslands self-sustain-

Ing business enterprises and to Gueourage the invest-

livat of capital in the Virgin Islands, all to the end

| that the economy of the Virgin Islands lay rest

con a broader base: and

Wninias; Harvey and: Harvey Aluminum desire

to aequire and operate processing and other facili-

ae ae ties for the production of alumina and related

— products in the Caribbean area which Harve ‘v anti-

cipates wil require/the expenditure of $25,000,006,

nore or less, and == (2s reflected | in the project.

information previously submitted hy Harvey to the

Government and referred to heiow) provide employ.

nent to approximately 400 persons: and 0 + —

“Wireneas, Harv yoand Harvey Aluminum are will-.

Ing to locate such facilities im the Virgin Islands,

hot a at the request and with thecauthorization

: lei the Government amd in accordance with other

te rns ‘and provisions, M1 as set forth below: and

“Wises vs. thie Goverment. éGonsiders that) sucli

faeiitios. W established, would, promete the public

Wl acy fiscal wear. thre verk@on avrees tl }

Cover® ttor the ptirpose of

e exten? Necessary to make such A portartntmet es

(0) Harves and its Athhates mei cotfser any amount rei bare sz

to Harves then remruming unrennbursed against any amount other

that inmeotee, tine , that Harves and its Affthates may then have

“the obligatiot to tev over ta the Government or its desigace ot

©. designees, and city the subsidy payable to Harvey -and it: Atl

atessam respect 4f that and succeeding taxable vears pursuant to

Section eho cit of the foregoing ae eement shall be imereased

STFC i SEVENTV-Pve percens | IO PAD ot hundred pe reent ( Tao",

ees of the-neore taxes Cother thiamin re ee of income derived irom

J sources wath 1 dita ot the States of the United States} actual] ;

pail into the ticanes of the Virgin Islands.”

>

A

te

A-10

« ( bpunion

interest by assisting’ in the economic development

of the Virgin ee and

“W HERLAS, the Government atte ‘ro due investigation

and consideration has determined that the construc:

- tion and operation of such facilities would not he

prejudicial to the health or welfare of the inhabi-

fants of the Virgin Islands or :to local property

owners; and ? <

“WrHereas, ‘as an inducement.te Harvey and Harvey

» Aluminun’ to locate such facilities in the Virgin

Islands, the Government is prepared to provide

certain properties and a deep-water access chante!

in the yieinity of the Krause Lagoon area of St.

Croix where it is presently contemplated that such

facilities will be leeated, to grant certain tax exemp-

tions and subsidies, and to comply with the other

‘terms and provisions set forth below in order to

authorize; facilitate and promote the establishment

‘and operation of such facilities in the Virgin

Islands: ; .

ie ’ THererore, the parties hereto mutually cove

nant and agree as follows 2"

e The Aet S14 which adopted and ratified the Agreement

e . P : ‘. ’ °

and authorized the Governor of the Viegin Islands. to

earry out its provis ions, it Was stated:

“To Ratify and Adopt a Certain Agreement of

February 8.1962, Relating to fn Alumina’ Plant

Development in the ‘lsland of St. Croix and for *

Other Purposes. . :

.A-11

Opin

. - _———. °

“Be it enacted by the Legislature J theNVirain

Islands: / ¥ |

“Section 1. The Legislature of the a irgin ly lands

hereby finds and declares : : NEY

“(1) that it is essential to the stability of the Virgin

- Islands economy that dependence on -teurisin” be

"relieved through -the establishment of industriai

operations capable of providing and ‘sustaining

large scale employment and of contributing signifi-

cantly toward a wider base for insular economic

wellbeing ; ; .

-

“(2) that there is an existing, and urgent necessity

for the creation of additional water and power

_ facilities as contemplated by the agreement referred

to in the following paragraph the surpluses of

which could be made available for the. use of the

inhabitants -of St. Croix, and of business, industry

and government:

“(3) that the development ofan alumina plant and

its’ related facilities as provided for in a certain

agreement entered into on February 8, 1962, between:

the Government of the-Virgin Islands and Harvet

Alumina Virgin Islands, Ine. will promote the

public interest ‘by -economie development of the

Virgin Islands, and is vital to the prosperity of

the entire region; | | .

“(4) that the construction and. development by the

Government 6f the Virgin Islands of an access

channe}, and of public pier,-docking and warehous-

A-12

’ Opinion

ing facilities (which construction and development,

are hereby authorized) are essential public projects

which will promote the patie interest by economic

developuient of the Virgin Islands: and

“(5) that the extraordinary advantages and bene-

fits @ the people of the Virgin Islan Is, to be directly

derived from the undertakings proposed, fully war-

rant and require the cooperation. encouragement

and assistance of: the Government.”

In their petitions secking a decree declaring the Agree

ment and Aet SI4 invalid the appellants cleged that there

was “neither public need nor purpose” for conveying

public lands to Harvey vwithout consideration”, or reini-

bursing it for $3,000.00) of its cost im developing the

deep water channel and tts turnabout area or granting

it Hx exemptions: and subsidies; further, that as tax-

payers, appellants had “a substantial pecuniary interest”

With respeet to the public lands and reimbursement under

taking, tax exemptions and subsidies, andl accordin: wiv had

standing: to bring their actions. ” ;

8. Ag the appell: infs put it in their briefs “the Smith suit chal:

lenged the right of the Gaovernnjent to expend public moneys th

reunburse “Harvey the cost éf-constructing and dy cging a channe]

and turning basin té provide access to its plart“and in maintain: 1g

the channel”, and “the Neumarin sat challenges the Government's

rght tu give 1200 acres of public land to Harvey as an inducement

to mstall afd operate an alumina plant on St. Croix.” Smith. in

us petition averred that he has “a substantial pecumiary interest

st any stms, reventtes amd funds of federal and territorial public

monies that mav unlawfully. be — aad expended by the

Government of the Virgin [slant Bee further’, thit “the obligath Ss

undertaken by Respondent | Government | boned the expenditure of

$3,000,000 or more of federal matching funds on a Channel Project

-~

cn. Ai:

Opinion ‘

Government. and Harvey each filed a “Motion to Dix.

iniss and For Summary Judgment” with respeet to the.

appellants” separate petitions, premising the request tor

dismissal “on the ground of failfire to state a claim upen

Which ie ean be granted’, and that for sammary jude

tient on the ground “that there is mo genuine issue as to

iuy material fact’ and that the movant “is entitled te

judginent as neamatter of daw.”

Om the score or the allesed “failure te state a-claim

upon whith re Hiet cean be granted” the motions to dismiss

state:

“Lie As appears from the petition, the. Net and

the Agreement aid the afiidar ts wllached as

Kvhibits 1-5, no tax funds to which Petitioners con,

tributed were used to purchase said lands or will

he.used to effeet any of the other matters com

plained of. (Minphasis supplied.) .

- (ay Petitioners cannet show that their taxes wit

* be querensed as a direet and immediate ‘consequence

oe

. Gf any of the matters sabia aces ol,

xt ich was primarily for the benetit of a private concern and tor

ich there was: nether public need yor purpose.” as “well as

esti rnment’s granting to Hlarvey of tax exemptions and industri: di

subsidies “amounts to a deprivation of property of the taxpayers

of the Nirgin Islands without due process of law and an infringe-

ment of the protections provided to the taxpayers and. citizens of

the ViFgin 1; Tands j in the Revised Organic Att of the Virgin Islands.”

Neumany im fis, petition im: ide similar averments as to his “stuh-

star yar pecun:: wry mterest in the conservation and proper disposal of

all &ssets of the Government .of the Virgin Islands.” ‘artd alleged

-“that the conveyance of public lands” to Harvey as provided by the

Agreement and Act 814 “is net for a pubhe purpose but instead 1s

designed to render special financial assistance to a privi ately owned

corporation * * * ‘without adequate’ consideration.

glee : oat %

<*

A-1l4 ‘e Cia s ae *

Opinion

“(e) Petitioners, thas, have. no interest as tax-

payers which will alfow them to maintain this suit. 2

and aceordingly, there is no justiciable controversy

and the petition fails to state a.claim-upon which— ~.. 2

eo —-* Felicf-ean be wrante d.” 1

° -

‘The Distriet Court in a ae Order granted the motions

to dismiss the petitions under Rule 12(b) (6) FALCIV.P.

for “failure to state a claim upon which relief can be.

vranted.” it did not rale With respect to the sum: ry

judgment phase of the iiotions.

While the District Court did not in its Order state the

reason or reasons for its determination that the’ petitions

failed “to state a claim upon which relief can be “granted” ,

implicit in its references to eases cited in that Order is its

conclusion—net stated in terms—that the appellants had

failed to allege that they had sustaimed, ¢* were in imume-

diate danger of sustaining, some direet injury as the

result of the carrying: out of the Agreement, or that they

had a real interest beyond a desire to see that the lays

of the Virgin Islands are enforced. ey

The parties-to these appeddls haye seen fit to expend

their talented energies Porgy indefatigable efforts in) pre-

senting their. respecfive? freuménts with respect to whaf

nay be designated as the “substantive” anerits of the con-

troversy as to whether the District Court erred in’ dis-

Inissing the petitions for failune to state a cla upon

which relief can be granted. E

{ft} The arguments are academic to the issue presented

- by these appeals as to whether the District Court erred inf

disnissing the petitions in view ‘of the facet that it was -

a

C %

AALS

Opinion

: procedurally prevhided from doing so under the eloar and

xo e dispositive provisions of Rule l2cby and (ce) of the Rules.

ae §

Rule Ich) states:

- oe

(Are eee t Stone motion asserting the defense. nuin-

beéred (4) to dismiss for Tatfire-+f-the pleading to:

state a claim’upen whieh relief ean be eranted,

matters ontside th: pleading are, PTESe nted’ to and

not cereluded by the court, the motion shall be

treated as one for summary judgment and disposed

of as provided in Rule S6-* * °° (Mmphasis supe -

plied.)

Rule d2(¢) states: ; ils

- '¢e) Motion for Judgment on the Pleadings. After» ot

the pleadings are closed but within such ‘time as

nyt to delay the trial, ny party may move for

judgment on the pleadings. Tt. on a motion for

judgment on the ple odings, matters outside the

pleadimes are prese snted to and net excluded by the |

court, the motion sle/l he ivonted as one for sun

mary judgment and disposed of ae provided im’

Rule 56, and all parties shall be given reasonable

opportunity fo present-all material made pertinent

to such a motion by Rule a6 (Manphasis supplied.

Ino the instant eases the Motions to Disiniss in) para:

graph POC} earlier set forth, were premised on what ap

peared "in the petitions. the Net and the Avwreement and

he affidavits attache das Eechibite 1s. whieh itd) been

“presented to and not-exeluded diay the Court’. and accord.

ine ‘te the giandate of Pulte 2thy amd ced. the’ Distriet

om .

A-1f

Opinion

Court could not dismiss the petitions but: was’ compelled

to proceed under Rule 56, the summary judgment) rule.

Romero v. International Terminal Operating Co, B58 U.S.

$4, BHT ne 4, TY S.Ct. 468, 3 Ld 2d 368° (1959): Gager vy.

Bob Seidel, W2 US. App.D.C. 155, 3000 F.2d 727, 73

(1962), cert. den. 370 ULS. 959, SZ S.Ct. D612,°8 -L.Bed2d

825; Ellis v. Carter, 294 F.2d 270, 275 (9 Cir. 1961).

[2] Sinee the record made below: fairly presents the

issue as to whether CGiovergment and Harvey are entitled

te stmmmary judgments judicial economy will patently be

served by an immediate determin: tor of this issue rather

than remanding these cases te the Distriet Court) for

disposition. Romyro ve laternuational Termindl Operating

Co., supra. | |

As earlier stated, the appellants premised their peti-

tions secking a decree declaring the Agreement and Aet

Si4 invalid on the grounds that it lacked “adequate’ con

sdetation and there was “neither public necd ner purpose”

1): for the Government's conveyance of public lars te

Harvey as ,ite for its alumina @lant and deepawater

chamne}, ew 0 12) reimbursement by Government of

S.0OO.0 of Harvey's eost in developing th» channel:

and (3) the Government's granting 6f tax eseriptions and

“subsidies to Harvey,

While neither Government nor Harvey asserted in terms.

in their individual motions te dismiss and tor Suna

judgment that the Agreement and Act SI4 were designed

to Feetuate the public purpose thes, however, filed in SUp-

port of their motions an aflidavit of Lawrence AL Harvey,

president of Harvey, certifying that the alumina frre jee

* would entail an expenditure of $25,000,000: that construe

e .

AAT

Opinion

tion had been commenced’ and that $1,000,000 had been

expended “on the design “and construction of the alumina

plant”; and additional affidavits that Harvey had supplied

to Government the $6.100 to acquire the Krause Lagoon

aerenge : “that prior te such acquisition Government had

not levied any taxes agdinst the Krause Lagaon dereage:

sinee 19362 that the revenués derived by Govermment from:

Airport Land “at no time has been more than $1,760.00.

per sear”; and tliat Harvey had. covenanted to pay into

the Airport Fand of the Virgin’ Lslands $2,500.00 for a

period of sixteen vears commencing December 31-1962

in consideration of the’ conveyances to it of Airport Land.

Government and Harvey alse filed as an Exhibit an

“Address of Governor Ralph M. Paiewonsky lof the.

Virgin Islands !. mfade a. part of the’ Legislative record

-of.the subjeet Aet No. S14” 7 *" in-ewhich he stated that

salt water conversion and power plants to be constructed

and operated by Harvey in .comnmection with’ its project

would make available for public consumption surpluses

Jof water and power. and that the alumina development.

would “upgrade” the economy of the Virgin Islands. Fur-

ther. at oa heartne held by the District Court on. the

dismissiel jad smaimary judgment motions hoth Govern.

inentvand Harveys cited in sufppert of the public purpose

design of the Nereement and Net the declarations of such

PUPpOse contained therem, and the finding of the® Legts-

lature, expressed mm the Aet. that the Harvey development

would make available “public pier, docking and warehous-

ine facilities” whieh “will promote the public interest: by

economic development of the Virgin stands."

Prior te the bearing on the, dismissal and summary

judgment motions the ‘appellants filed affidavits expressing

A-18,

Opinion

“expert” opinions ‘that (1) 100 to 300 acres: would: be

ample to provide @ site for the alumina plant-and that

1200 acres “was excessive”; (2) there was’ no condition

of unemployment in St. Croix: (3) Krause Lagoon had a

_ great value to the Virgin Islands as a wildlife refuge,

breeding ground and area for game fishing: and (4) the

a00-acre Krause Lagoon (for which $6,100 had been paid)

had an appraisal value of from $125,Q00 to $350,000, and.

the 700-acre Airport Land an appraised value of from

$625.000 to $969,250: .

It must immediately be noted on the score of these

appraisals that appellants lave not adverted to them here,

cithe ‘rin the several briefs which they have filed or at oral

-argume nt, and have merely stated without specification,

in their petitions and briefs, that there was. not “adequate

consideration” for the conveyance of the public lands.

Again, as earlier stated, the appellants have premised

their petitions on their view that “there was neither public

need nor purpose” for conveying publie land to Harvey,

granting it ‘tax exémptions and subsidies and reimburse-

ment of $3,000,000- of its cost in developing the deep-water

channel and turnabont area and that accordingly, Act $14

and the Agreémerit which it adopted. and ratified were

invalid. ;

‘Appellants do, not dispute that if there was “public nerd

or purpose” in the enactment of, Act S14. and the Agree-

ment and its undertakings, they have not made opt a case,

They vigorously contend, however, that the record affirma--

tively establishes absence of “publie need or purpose”, and

alternatively, it at least presents genuine issues as to

material facts with respect to the existence of “publie

ee

or

3

“*:

Opinion

need or purpose” which preelude entry of summary judg-

ment against them. .

Applicable to these yontentions are these well-settled

principles :

13. 4) “Under the system of governtne nt intial by our

Constitution. ‘it is up to de vislatures, not courts, to decide

on the wisdom and utility” of legislation’: °* * © courts

do not substitete their social and economic beliefs for the

judgment of: legislative: bodies, Who are elected: te pass

laws”: amd “Legislative bodies have broad scope to experi;

fhent with economic problems.’ +The yw may “legislate so

as la increase he industry . of the, Staite de velop its

POSOUNCES, and add to its wee alth and pres pe rity. '* ¢Em-

phasis supplied.) . a) ee i

[, GO) “Subject ta speeitic constitutional limitations,

When the legis lature has spoken, the public interest has

beetiedeclared im te rns well nigh conclave" farther, “The?

UZ role of the judici iat vin determiniiy g ‘whethe r. the legis-

lative power is being exercised: for a public purpose ‘is

an extremely narrow one” and once the public purpoge has

been, established the means of its wf efapuen are for the

legislative body —and it alone —t0 determine.’

(7) Courts “do not <it ds a spper. legislature to weigh

the wisdom of je wislation” ; “and they “leave dehatabl

issuescas respects bitsimess, rconomic, and social affairs to

legislative decision”? (Emphasis supplied.)

QO” Fergusen-v. Skrupa, 372 U.S. 726, 72), 730, 83 S.Ct. 1628,

1030, 1031, 10 L.Ed. .2d 93 (1963) ai?

10. Barbier v. Connolly; 113 U.S. 27, 31, 3 S.Ct. 357, 359, 28

L.Ed. 923 (1885). ;

11. Berman v. Parker, 348 US. 26, 32, 33, 75 S.Ct. 102, 99

L.Ed. 27 (19M)... —

12 ,Day- Brite Lighting. Inc. v. Missouri, 342 U.S. 421, 423,

425, 7 2 S.C. 405, 407, 408, L.Ed. 469 (1952).

& .

Opinion

4)" The public welfare is a broad and inclusive éon-

ue my The moral, social. economic, and physical well bem

of the community is one part of ity the political well-being,

another!* (Eanphasis supplied.) ne

iW] “So far as the requirement of due process ix con-

cerned, and in the “absence wf other constitutional restric

‘tion, a state sis free to adopt whatever, economic policy

may reasonably be deemed to promote public welfare, and

to enforce that poliey by legislation adapted to, its pur-

pose. The courts are without authority either to declare

such policy, or, when it is declared by the legisyuture, to-

oye ride ret . ;

110) Whether legis lation serves a public purpose “is a

practical question addressed. to -the law-making depart-

ment,.and it would Requirea» plain case of departure from

every public purpose which could reasontbly be conceived

© justify. the intervention of a court.”

at? Applying the principles sfated We are of the opin-

jon that the legislative record provides a rational basis

for the enactment of Act Sl4 and that it would constitute

judicial trespass on the legislative: function. to proceed

further with this litigation. - t feats

© [12] Cotirts may not serve as.a forum for thé debate

of legislative ‘decisions though they may, be fairly debat-

able. It is settled law that a’ rational actual basis for

particular, legis dation must be held to exist if the question

of wliat the facts establish, is a fairly debatable one,

13. Id. 342: U.S. at 424, 425, 72 S.Ct. at 408, 96 L.Ed. 46°.

14. Nebbia.v. New York, 297 U.S. 502, 537, 54 S.Ct. 505. 516.

78 L Ed. 940 (1934). : rule

15... Carmichael v. Sonthern Coal & Coke Co., 301 U.S. 495.

515, 5 7 S.Ct. 868, 875, 81 L.Ed. 1245 (1937) ;

A-ul

; Opinion

* ° Pa

f

‘aul Gray. Ine. 506 TUS. aN, th ny S.Ct. TH.

Co. BOE ELS, 144, 14. 58 S.Ct 778, 82 Lids 1234 (1958).

The dappellants contend that the critical issue as to

whether the Aet, the Agreement and its undertakings, are

invalid, depends on resolution of what they term to. be

“yvonuine issttes with respect 1 material facts”, to wit:

(1) were the land grants:to Hatvey for a public purpose”

cand had it “been given large tracts of land exceeding its

needs’: (C2) Were the tax exemptions and subsidies

aceorded Harvey, and reimburse Mnent: to it of $3,000,000

of its cost in developing the deep-wa channel, justifiable

“as effectuating the: public purpose : op ‘as the deep- wilter

channel “an essential public project™: and (4) had the

Legislature “had adequate time to study the Agreement

andeto investigate: its ifn ramifications ~ Z

[13] It is dmmiediately apparent that se the appel-

lants identify as “genuine issues as to matefial facts” are

nothing more and nothing less than the assertion of debat-

able issues concerning which they entertain, one view gnd

’ A;

the Legislature another. and as to which the | wcisiature

has the last word. As we said in United States: *. Kiss-

“inger. B°Cir.. Loe Fizd 40, 942 (19958) : we

“They feourts! de net have power to inquire ir to

fy

, ° © °. Jegis-

Jeither the degree of the necessity for

lution or iis wisdom or effectiveness.”

|t Weis he observed, pare ‘nthetieally, on the seore of th

appre flants" debatable issue, as.te whether the Lecisinture

“had adequate thine to. studs the Agreement and to inves

tigate it= bans .ryumnitic ations” “that sone six months before

9.

wd. TOOL C1959): Dinited’ States Y. Crrolene Products

hs

A-22

= Opinion

we .

othe Legislature ofed Act Sltton Bebruary 19, 1962. i

authorized a special independent industrin} development

committer to study ‘alumina plants on the Island of

Jamaica, Where they are at inajor industry! that on Feb

ruary G4. 2902, the Legislature, ‘sitting ay “A Committers

of the Whole”, held a well-attended public hearing on the

proposed Act and Agreement vat St. Croix at which its

proponents and opponents, inchiding - among - the latter,

counsel tor the appellants,. vigorously expressed ‘their

Views, a | . ;

It migh’ ‘be said anent our earlier statement that -the

a

legislative record preseqts a rational basis for its enact

ment ot Aet Si4-that We kad in inind its specific tindings

and ceclarations that the gu) 15,0400 alumina plant and its

related facilities, as well as. the deep-water -vhannel and

supplementary public piers, docks and warehousing faeil-

ities would relieyesthe Virgin Eslands of dependence on

tourism: promote employment: “promote the public | inter-

est by Geonomie development of the Virgin Islands”: and

provide water and power facilities whose surplus would

be cavailable for qublie use: further, “that the extraor-_

_dinary advantages and benetits ta-the people of the Virgin

Islands » 10 be directly derived froin the ubdertakings pro-

posed, pull) wowarrant and re quire the. coo pe ration, encour-

ade mont ‘and Ussistape of the Government” ° (Emphasis

supplied.) -’ ee oe

It may be noted in passing that the United States, act-

ing through the Administrator of the [Federal Aviation

Agency. approved the econyevance .of Government’s res’

stricte;: title to Airport Land to. Harvey, aftef it eon-

. re : =

; *. ° .

oe ‘

> Ps é

. aa ‘ . a

.

.

\ A it ee

eo Cree)

2

a)

2 FY y ;

Order Rutere A hy the Distr t.Court of the

Virgin Islands, July lo, 1965

sidered the provisions of the Agreement: further, ‘that the

“Decod of Release from the € nited States to the Virgin

Aslaiids, dated May 16, 16x, =p cifically noted that such —

Relyase was to enable Government to convey the land te

Harvey as site for its alumina plant.

For the rensons stated the Order of the District Court

disthhissinie the appellants’ petit ns willbe vacated and

te catises remanded with directions to: the District Court

to enter stmmagrs judiments saint the ocppellants. —

Order Entered by the District Court of the

Virgin Islands, July 10, 1963

ORDER

Thier ahove captioned citses have heen consolidated Tor

the purpese col areuient anid determination of the Rule

ivcby--Motion to. Distaiss ter Kailure te State a Claim

Upon Which Retief ean Lie Granted. and the Rule 56(b)

Motion for Stuminary Judgment, filed therein by thie

defendant =.

Though somewhat different forms of velit are sought.

hoth causes are conect red with. the high!s controversial

Cagreement between the Virgin Islands Government mde

Harvey Ahuaina Virgiti [xlands. ine. which Legislativ:

Act and Agreement contemplates that Harvey will con-

trict an alumina plant and dredge a deepwater chanie!

thereto on the [sland of St. Croix. In exchange therefor

the Virgin [slands Government has gereed among other

A-t4

Order-Knter d hing the District Court of th.

brain fdands, July 10, 1963

things te Convey some twelve hundred aeres to i: arVvenr,

grant tax exe tptions and remniburse ie inves for its chan

‘nel construction eX penscs,

The issues presented hy these consolidated ‘ASes have

weighed heavily on this c ourt heeause of their far-rene!:

ing import and concern te aie Virgin Islands. However.

for the followings reasons the T2¢b) Motion attae king the

standing of the petitioners to bring these aetions as tay

pavers mast be granted,

The petitioners have failed to distinguish themselye-

dye)

trom the controtline enses of Massachis: ffs Vo Mellon, 2a

CS, 347 (1923): Doremus v. Board - of Lilucation, D4?

i. So) (1952) and (ily vo Gareramont of the Virgin:

Islands, Wl “Fed. Supp. 210 C1958)" > Bwen thoagh th.

petitioners pay decal and or Federal taxes on income or

property, they fave n o shove ti the satisfaction of thi-

Court how they ean void the ippleation of the principles

as promouneed ino the above cited taxpaver suits to the

effect that:

"The funetions of government under our sVster

tre apportioned. To the levislative department has

been committed the duty oof making jaws: to th

executive the duty of executing then: and- to the

Judiciary, the duty of interpreting and appivine

‘the tat “in « Cases properly, brought chefore the court.

The seneral rule is that neither departyrent may.

dnvade the province of the other: and meither piss

control direet, or restrain the action of the other. .

We are not now speaking of the merely ministers!

Ads

Order Buter: do hy the District Court of the

. Virgin Islands, July 1, 1963

duties of officials. ge We have no power per se to

review and annul aets of Congress on the ground

that they are umeonstitutional “That Question may

bo considered only when the justification for soine

direct injury suffered or threatened, presenting 2

justiciable issiie, is iiade to rest upon such am act.

Then the power exercised is that of ascertainitiy

and declaring the law applicable-to the controverss..

It amounts ti dittheaimere than the nezative power

te disresard an unconstitutional enactinent. which

otherwise would stand in the way ‘ef the enforce

ment of a legaf right. The party who ingge= the

power must be able ta show not only that the stat

nteas invalid. bat that le das sustained or ts iinitie

ajiately in danger of sustaining somue direct mjury

as the result ef its enforcement, and not erels

that he suffers ino sete indefinite: Way in’ commen

With prerertare: creerals. lf a case for preventive

relief be presented. the court enjofis. in effeet. mot

the exeentjon of The statute, but the aets of the

offieral, fire statu: hetwithstanding. © Elere the

parties plaimtil! tive hie ste o¢ase — Leokine

through doris of words to the substance of then

complaint, iis merely that officials of the executive

department of the government are exeeuting and

will execute: an aet of Congress asserted to) be

nneenstitutional: and this we are asked to prevent,

To do se would be net to deride a judivial contre

versy, but to assume a position of authority over

tHe governmental acts Zot another and cereupliil

e

A-2" i

Order Entered Ly the District Court of the

Virgin Islands, Juli to, 1905

bd . bi ba e : .

department, an authority which plainiv we ao not

possess." Massachusetts veo Mellon, supra, Paes:

7 ASN AND

"2... because our own jurisdiction is cast in terms

of | ‘cane of controversy’, we ¢annot aecept as the

basis for review, nor as the basis for conelusive

disposition of oan issue of federal «law Without

reviewing any procedure whieh does not constitute

ssuehs The taxpayer's action can meet this testo bat

only chiding ois a good-faith poe kethook aetion”

Doremus vy. Board of Kifucation, Spr, Page 424.

“... one essential ind fundamental requisite té

HINA Ne gt taxpayer's suit, or for-that matter,

“the invocation of equitable relief generalby, is that

the plaimeat! fave a real interest in the ease bevend

fis subjective deSire to see that the law Iseprepe ris

entorend.” itt). \. (rote roment of the Virg

Islauds. Upre, Abe radi be F

Such holdings most certainly appear to be dispositive ef

petitioners’ taxpayer gases us presented. However. even

if it did not so appear te this Court The petitvoners could

net expect to fare anys. better upon a ruling in regard to

the Rule S60b)—-Motion for Sununary Puderment——in dreds

of the Fecent Supreme Court vase of Morgue con v. Shrape

decided: April 22. 1000, appeal from €. S. Distriet Count

Tor the Distriet of Witness, No. TL October Term. 15,

Advance Sheet, unanitious decision with opinion delivered

by J ustic ep; te ‘kK. i

The Fergueson ‘case Wits before the Sapreme Court to

review the judgment of a) three “judse DF et rics Court

Order kntered wi hee Phistin i $ oiurt ‘Of the

bargin [slaw Is, July Ji, 1% ;

enjotting. as bang im viekition of the Due Process Clause

of the Fourteenth Atmeondiment a Wansas statutt niakine

io gytdemtanor for ANY Derson | te cngace “ip the busi

Cohess of debt adjusting” exeept as an ipeident te the fawful

practice of law.in that state. “The Supreme Court refused

to VSit a a stpericgisiats ie te we oh the Winder of legix

dation™ and they emphaticaliy refused "to go back to the

time when courts used the Due-Preesss Chinse to. strike

down state laws. regulators of busin ~s and indtistrial

conditions, because they inay be unwise, doprovident, or

outof harmeus ith a particular sefioe! of theaght.”

They also stated that °The criterion of constitutionality

ix not Whether: we believe the iuw tocbe for the publie

‘wood. "And. further stated that “We have returned to the

origiaad constitutional proposition that courts do net sub

stitute their social nnd economie beliefs for the judgment

levistatiye bodies. whe are eleeted to patss laws.”

Certamly, the Virgin’ Pslands Leviskitire’s negotiations

nnd agreement with Harvey are in regard to and are

destgned te affect ceconom ie conditions im the Virgin

I=lands, eid this Court would, therefore, tn tight of these.

recent Suprenie Court pronouncenie nts, have mo. cheic

but to grant the defendants’ Motion for Sumanary Judi

brent.

In light of the abeve conclusions, the Government's and

Harves’s 12) -Motion*te Disiniss for Fathire to State

a Claim upon Which Reef ean be Granted is herehs

eranted, with costs and reasonable attorneys’ thes.

x os Walter A. Gordon

: Judgé of the Distriet Court

sy the Court, .

Dated: July 10,-1963

OS Stat. HIS. alhie nded., 72 Stat. od. :

Title 48° USC 1561

No daw’ shall be enacted in the Virgin dslands whieh

shall deprive Gimy persen of dif). liberty. or property with

out due process of low of deny to any person ‘therein

equal profection of the laws. .

In all ertmina! proseeutiois the aeeused shall enjos the

right, to bye represented in conmsel for his defemse to be

infogmed of the, nature and eause of the accusation, to

have a speedy and public trial te be confronted with the

Witnesses agaifist bin and te have compulsory process

rear obtaining: Withesses in diix faver. ;

No petsen shall be held te answer tera cermminal offens«

without due process of laws and no person for the saree

offense shall be twice put in. jeopardy of “punishment,

nor shall be compelled in aay ermumal ease, to give evi

dence ‘against himself; nor shalk any person sit as judge

mesradl hee en CYA! any |

or mnagistrate in any ease in which he

as attornes Or prosecuter,

\icpersons shall be bailable by suticient sureties in the

case of criminal offenses, exeept for first-degree murder

or any capital offense when the proof is evident or the’

presumption great.

~Exee-sive bail shail not be required, hop excessive tines

iapescd, nor ernet and unustial eae infticted,

No lew tupairing the obligation of contracts shall be

enacted, .

No person shall be imprisoned or shail suiftr forced

labor for debt,

4

r

: A

| A .

; Section 3. Revised Organs “Act of the Virain ‘Islands

Ali persons shall have the privilege oof the write!

bevbens corpus ane the site ss trall not be suspended except

as herem expressly provide | é ‘

Neex post facto lav lor bill or attain of hint bee enacted,

Private property hal not be taken for publfe tse excer

“Hapeon pad dent at just conimpensation gscertained im thie

manner provided by Taw.

° The, right to be secure nedinst wunreasonete searches

and seizures shall not be vielated. ;

Ne warrant for arrest or semtoh shall Issties Dut rpon ,

probiible «aise. spported by cath cr aattivanitttiews. a a |

parptseularin deserroine the place ter bee senrehed mad tite

yr rots cor Chiitiges Ter by <¢ ized ;

Slavery shall met exist in the Vircin b=ttried-

lnvelumtary servitude, exept as a Sanis}utn nt for erin

Whereot! the party shath have been atirly eomvected: bs a

wourt of faw. mtintl mot « “ist in ti. Virsiun Jdelands.

No flaw <hall be passed abridging Ko freedinof xpucels

or of the vress ‘Op the right of the people peaceabls to”

eassemibly and petition tie governinent for the redress of

efievanees. - hi ar :

No Jaw shall be mmade respecting an cetablishiient of

religion or prohibiting the tree exercixe thereef: 5 +

; » New A" rson Whe sadyvoeutes., oF whe aids or be Jonas an

ay pairty. organization, oF uasochition which ndvocats “»

the overtirrow by feree of Vielenes ot thie wovernipent ot

the Virgin Pstands or of the United Stites st nil ie gual

‘ tied to hold any oltiee Of thiuist or protit under the govern

ment of the Virgin Island-. ites es ;

. se Te

ARO

Section o. Revised Orginig Act aj the Virgin Islands

No money shall be paid out of the Virgin Islands treas

ury except in accordance with an Act of Congress ot

money bill of the Jegistature andl on warrant drawn by

the proper officer. :

The contracting of polygamous or plural marriages: is

prohibited : ioe A

The employment of children under the age of sixteen

years in any occupation injurious to health or morals or

hazardous to life or limb is prohibitive.

lenient contained in this chapter, sections 104 and 111

Tithe 21, and section 3350(¢e) of Tithe 26 shall be con-

strued to > Minait the power of the legislature herein pre-

vided to enact laws for the protection of life, the pee

health, or the pttblic safety, . peak

No political or religious: test other than an oath to SuUp)-

port the Constitution and the laws of the dnited States

applicable to the: Virgin Islands, and the laws cof the

Virgin Islands, shall be required as a qualification to

any office or public trust under the diovernment of the

Virgin Islands. - July 22, 1954, ¢ 508, 53, OS “Stat. 40s,

uinended Aug. 28, 1958, Pub. Le 8d-S51. 0 1, 72 Stat. L004.

an i in . mye

General Territozial Provisions P or Special Laws

2 Stat. 10), Tith 48 U.S . 1471

The lewislatures of the Territories of the United iene

now or hereafter to be organized shall not pass logal

special laws in any of the following enumemated cases,

that is toe sav:

Granting divorcees.

© Changing the names of persons or places.

Laving out, opentinc, alterins, and working roads

er highwhs =. 3 .

Vaeating reads, town plats, ‘streets, alleys, and

publi® grounds

. Locating or changing counts seats,

- Regulating county and township affairs.

Resulating the practice in courts ef justion,

Reoulatine the jurisdtetion amd duties of justices

of thus pPatce, police iagisteates, and constables

Providine. fer elfanges ef venue it einvil and

eriminal citees. ; ao v

Ineorporating ilies, Towns. OF fillages. or chang

ing Or amending the char roof any town, cits.

or Village ace | .

a thee pormishenient of @rines or iizdemeaners.

For the: assessment and collection of taxes for

ae rriteri: al, eounty., township. or rend: PUrpeses.

Summeniig and iyenpoonnelinice seratrich aon pee tit jrrers

Prov dime for ! tie’ Management Of comunen

<chools. gic if

eon! ating the rate of interest on memes,

The openine and come ten ne of anv election ore

designating the place of votiie

“AW

.

General Territorial Provisions Local or Special Laws

The sale or mortgage of real estate belonging to

minors or others under disability.

The protection of game ar fish.

Chartering or leensing ferri¢és or toll bridges.

temitting fines, penalties, or forfeitures.

Creating, increasing, or decreasing fees, percent.

age, or allowances of public offieers during the tern

for which said officers are elected or appointed,

Changing the Jdawsof descent.

Granting to any corporation, association, or indi.

vidual the right to lay down railroad tracks,

amending eXisting charters for sueli PUPpose,

Granting fo any corporation, association, or indi

— any special or exclusive privilege . imununity,

r franchise whatever. .

In all other eases where a general law ean be amade

applicable, no special law shall-be enacted in any of the

territories ‘of the United States by the Territorial legis

latures thereof. July 30, 1886. 6 SIS. 61, 24 Stat. 170.