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First Guam Legislature, First Special Session

[Public Law 87 - First Guam Legislature] An Act making an appropriation for continuation of construction of the

permanent Guam Memorial Hospital development during the fiscal year

ending June 30, 1953. Be it enacted by the People of the Territory of Guam:

Section 1. For the purpose of continuing during the fiscal year ending June 30, 1953, construction of the permanent Guam Memorial Hospital development authorized by Section 2(a) of Public Law 29, First Guam Legislature, there is hereby appropriated the sum of One Million Dollars ($1,000,000.00). In the event that the unappropriated surplus of the funds of the government of Guam shall be insufficient to provide this amount, the Governor of Guam is hereby authorized to provide for the deficiency by transferring the amount of said deficiency from the unexpended balance in the fund for planning and construction of generating facilities provided by Public Law 49.

Section 2. The appropriation made in Section 1 of this Act to carry out the purpose stated therein, shall be available for all expenses incident thereto, including administration, overhead, planning and supervision, and shall continue in full force and effect and shall be available until expended for such purpose. Approved October 28, 1952.

[Public Law 88 · First Guam Legislature) An Act to enact the Government Code of Guam and to repeal all laws enacted

into or inconsistent with said Code. Be it enacted by the People of the Territory of Guam:

Section 1. This Act shall be effective at midnight on the sixtieth day after its approval by the Governor.

Section 2. The following named bills of the Guam Congress, Public Laws, Executive Orders, Civil Regulations with the Force and Effect of Law in Guam, Proclamations and other enactments and all other laws inconsistent herewith are hereby repealed in their entirety:

a) All enactments of the Seventh Guam Congress. b) Eighth Guam Congress Bills numbered 1, 3, 4, 5, 6, 7, 8, 9, 10, 12,

13, 14, 16, 19, 20, 21, 22, 23, 24. c) Ninth Guam Congress Public Laws numbered 3, 4, 5, 6, 7, 8, 9, 10,

11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 31. d) Public Laws of the Tenth Guam Congress numbered 32, 33, 34, 35. e) First Guam Legislature, First Special Session, Public Laws num

bered 1, 2; Sections 8, 9, 10, and 11 of Public Law 3; Public Laws 4, 5. f) Public Laws of the First Guam Legislature, First and Second Regu

lar Sessions numbered 1, 8, 10, 11; Section 4 of Public Law 12; Public Laws 14, 15, 16; the following portions of Public Law 17: Code of

Civil Procedure Sections 199-203, 265-269, 276-282 enacted by Section 1 of Public Law 17, Sec. 42, Sec. 43, Sec. 44, Sec. 45, Sec. 46, Sec. 47, in Sec. 51, the words "and Sections 23 (paragraph entitled Appeal)” to the end of the Section, in Sec. 52, the words “section 11 of Chap. XLVIII” to the end of the section, in Sec. 56, the words “paragraph (12) of subsection (d)” through “approved Nov. 12, 1947.”; Public Laws 20, 21, 22, 23, 24, 26; Sec. 3 of Public Law 27; Public Laws 28, 30, 31, 32, 33 except Sec. 11, 13 and 14 of said Public Law 33; Public Laws 34, 35, 36, 40, 41, 42, 43, 44, 47, 48, 56, 57, 59, 61, 62, 67, 68, 71, 72, 73, 75, 76, 78, 79, 80, 81, 83, 84, 85, 86. g) Civil Regulations with the Force and Effect of Law in Guam, Chap

ters 1-48 inclusive. h) Executive Orders numbered 1-46, 2-46, 4-46, 5-46, 6-46, 8-46, 10-46,

12-46, 13-46, 14-46, 15-46, 17-46, 18-46, 19-46, 20-46, 21-46, 25-46, 28-46, 29-46, 2-47, 3-47, 4-47, 5-47, 6-47, 7-47, 9-47, 10-47 (all except first two lines), 11-47, 12-47, 13-47, 15-47, 16-47, 17-47, 19-47, 20-47, 21-47, 22-47, 23-47, 1-48, 2-48, 4-48, 5-48, 1-49, 2-49, 3-49, 4-49, 5-49, 6-49, 7-49, 8-49,

9-49, 10-49, 11-49, 12-49, 1-50, 2-50, 3-50, 4-50. i) Proclamations numbered or dated 1-47, August 7, 1947, December 4,

1947, 3-49, 4-49, 7-49, 8-49, 2-50, 11-50. j) Addenda to Chapter 44 of the Civil Regulations with the Force and

Effect of Law in Guam dated December 24, 1930, and August 4, 1947. k) Civil Code Sections 216-217, 1097, 1116-1133, 1270-1274. 1) Paragraph 1-8 inclusive of Penal Code Section 369, Penal Code Sec

tions 402 (c), 402 (e), 552-556, 653, 1510-1515. m) Letters of the Governor numbered and dated Jan. 1, 1947, Serial

986, Sept. 3, 1947, Serial 3132, Oct. 8, 1947, Serial 3650, Feb. 6, 1948,

Serial 589. n) Memoranda numbered and dated Nov. 22, 1948, Oct. 20, 1950, Jan. 3,

1951, April 9, 1951, 24-51. o) 1939 Tariff Schedule and Customs Regulations of Guam.

Section 3. There is hereby enacted the Government Code of the territory of Guam in numbers, words, and phrases as follows: [Ed. Note: The text of the Government Code of Guam is published separately

elsewhere.]

OPINIONS OF ATTORNEY GENERAL

The following opinions of the Attorney General of Guam cover a period from July 21, 1950 to June 30, 1952. The commencement date is the effective date of the Organic Act which created the civil government of Guam. Many opinions have been written other than the following, but have become obsolete upon passage of new laws and amendments of others. Being of historical value only, they were omitted from this compilation.

These opinions are quoted as originally written except for the deletion of extraneous and non-essential material.

s/ RUSSELL L. STEVENS

Attorney General

Table of Contents of Opinions of Attorney General Title

Page 1. Interpretation of Paragraphs 1 and 2 of Sec. 377d of the Penal

Code of Guam, and the term “Drugs” as set forth in Sec. 383 of said Penal Code

A 3 2. Execution of government contracts

A 4 3. Computation of tax on soft drinks pursuant to Public Law 5, Ninth Guam Congress, approved January 7, 1949

A 5 4. Lump-sum leave payments

.A 7 5. Requirement of Shipper's Export Declarations on certain shipments from Guam

A 7 6. Power to collect the gross receipts tax, assessed under authority

of the General Tax Law of Guam, against the Bank of America National Trust and Savings Association

A 8 7. Applicability of the General Tax Law of Guam to insurance agents

A10 8. Legal procedures relating to solemnization of marriages A12 9. Legality of legislation prohibiting and abolishing employment agencies

A12 10. United States citizens, requirement for security clearance to enter Guam

A14 11. Review of Alcoholic Beverage Control Board decision

A19 12. Duel employment of teachers and other government employees ....A20 13. Clarification of Public Law 24, Ninth Guam Congress, approved January 6, 1950

A21 14. Requirement of business license as a condition precedent to doing interstate business

A22 15. Term of office of Governor of Guam

A24 16. Necessity for public hearing prior to setting taxicab rates .A25 17. Interpretation of sub-section B, B(1) and C of Section 1, General Tax Law of Guam as amended

A26 18. Appointment of Election Commissioner

A27 19. Interpretation of Sec. 2 (a) (3), Chapter 2, Civil Regulations

With the Force and Effect of Law in Guam dealing with special licenses

A29 20. Licensing of more than one activity owned and operated by a single entity

A29 21. Legality of purchase of liquor free of tax by Employees Service Association

A30 22. Importation into Guam of Philippine raw sugar, and applicability of processing tax on same

.A31 23. Interpretation of the word “residence" as used in Public Law 34, Tenth Guam Congress (Elections Code)

A31 24. Jurisdiction of the government of Guam to register and tax a

foreign corporation doing business on a military reservation A34 25. Tax and duty status of decorative glass balls and necklaces ..........A35 GOVERNMENT OF GUAM

Department of Law

Attorney General's Opinion SUBJECT: Interpretation of Paragraphs 1 and 2 of Section 337d of the Penal

Code of Guam, and the term Drugs" as set forth in Section 383

of said Penal Code. The following opinion was given by Attorney General Knight G. Aulsbrook on October 25, 1950 in reply to a letter of inquiry on subject interpretation.

At the outset I desire to call your attention to the established procedure for securing authorization to import and sell drugs and medicines in Guam. First, one must secure a business license which permits the licensee to deal in such merchandise and secondly, the business licensee must secure the approval and authorization of the Department of Medical Services of a list of the specific drugs and medicines he intends to deal in. Further information in regard thereto may be secured from the Department of Commerce.

The following provisions of law must be taken into consideration in determining the question presented. Paragraphs 1 and 4 of Chapter 24 of the Civil Regulations With the Force and Effect of Law in Guam, provide as follows:

“1. The importation and sale of drugs, medicines and disinfectants on this Island is prohibited to all persons except those who are licensed or authorized by law and under the following conditions, regulations, and supervision."

“4. When any shipment of drugs, medicines, or disinfectants is received for any licensed dealer, said shipment shall be examined and passed by the Department of Health in accordance with this chapter before said dealer shall be allowed to put same on sale."

Paragraphs 4 and 5 of Section 337d of the Penal Code provide as follows:

(4) The licensed or authorized dealer in drugs, medicines, and disinfectants shall not order, import, carry in stock, sell, or give away any patent medicine or any drug or disinfectant which is not authorized by the Head of the Department of Public Health.”

“(5) The ordering, importing, and inspection of all drugs, medicines, and disinfectants shall be under the supervision and direction of the Head of the Department of Public Health, who shall make such regulations as he deems necessary in the interest of public health, and which are not in conflict with laws regulating the ordering, importation, care, and storage of such drugs, medicines and disinfectants. The Head of the Department of Public Health shall from time to time publish to licensed dealers a list of drugs, medicines, and disinfectant that may be ordered, imported, sold, or otherwise disposed of.”

In the interests of economy and efficiency the Department of Public Health has been incorporated into the Department of Medical Services. It is apparent from the provisions of law cited above that the importation

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