Now, I am of the opinion that your position will more than likely have to be coordinated with the position of the Department of the Treasury. And when they give to us the report, on this bill, you folks may find yourself in just a little embarrassing position, or on the other hand, maybe you have out-thought them and will be in direct alignment with their thinking. But, I am just wondering if you are not just a little bit previous in the position that you take.

Let me ask you this: I have heard, since I have been down hereand it has been rumored I will admit-that you folks are against it because some of you are afraid it will interfere with your employment as such, that you are not guaranteed your jobs. Now, that is not true, is it?

Mr. Gorco. Not exactly, sir.

Mr. ASPINALL. Is it true in any respect?

Mr. Goyco. In a way, yes, but it is not exactly that.

Mr. ASPINALL. I would like to know where it does not fit into the picture because I can understand anybody appearing before us where they think their jobs are in jeopardy. On the other hand, I think they had better be careful or their jobs may further be in jeopardy by putting themselves on position too quickly. Now, will you explain? Mr. Goyco. Mr. Chairman, we are talking as individuals. We are not talking for the Department. We are making this statement as we believe the bill in itself, as written by now, will affect the customs service in Puerto Rico.

Mr. ASPINALL. Let me ask you this question: If you are not in accord with the Treasury Department to whom do you think the Committee of Congress will look for the right position-to you folks who are affected personally or to the United States of America, whose position on this matter is provided to us by the Department of the Treasury? Do you not think you would have been in better positionand I am not going to ask you to withdraw because I think we have a right to know your feeling-do you not think you would have been in better position, though, if you would have first found out from the Treasury what their position is going to be and then you could have made known to them where you were going to be injured, if you are to be injured, and see if you could not get them to help carry your position, too? I want to be helpful. I am not trying to be harmful to your position.

Mr. MARTIN. Sir, our feeling in the matter was the entire association, not the three individuals here is that the customs service association is distinct from any Federal function which we may perform as customs officers. The reason we are associated is our employment and our personal interests and we wanted to tell the committee while the committee was here in Puerto Rico what our opinion was.

Now in the event that the Treasury Department opinion should be different, we are a well-disciplined force and officially we will accept. the Treasury Department's position. Some members of the association might want to continue to differ should there be a difference. But in that case, they would take it up with the Treasury Department, sir, and not with the Congress.

Mr. ASPINALL. Of course, my difficulty here is understanding just why you are opposing this bill. You have not stated in your statement an outright objection to the bill as such.

Mr. MARTIN. No, sir, we have not, we have limited ourselves as you point out to simply

Mr. ASPINALL. The part you are opposed to.

Mr. MARTIN. Yes and limited our discussion to the points which directly affect customs. You are correct, sir, that is what we have done.

Mr. ASPINALL. Let me ask you this: Can you imagine the Treasury Department permitting any kind of customs operations down here that would adversely affect the interest of the Treasury of the United States?

Mr. MARTIN. No, sir.

Mr. ASPINALL. I cannot either. Are you afraid that what is intended by this bill is that the Commonwealth officials will wish to take over customs responsibilities, is that your real fear?

Mr. MARTIN. Yes, sir. We feel that at least the bill opens the door to that. We don't say that the local government will or will not. But the bill makes it possible for that result to be achieved as we read it.

Mr. ASPINALL. And that will adversely affect the revenues and procedures of the Federal Government and at the same time adversely affect your own jobs?

Mr. MARTIN. Yes, sir.

Mr. ASPINALL. Thank you.

Mr. O'BRIEN. Mr. Wharton?

Mr. WHARTON. Then we understand that you would possibly want to amend the last sentence of your statement to the effect

Mr. Goyco. Definitely, sir. If that will clear up the situation, we can amend it.

Mr. WHARTON. That it be approved as to the matters in your statement.

Mr. Goxco. We oppose the part of the legislation that affects directly the customs service.

Mr. WHARTON. That would clarify your position?

Mr. Goyco. Yes, it would.

Mr. O'BRIEN. Mr. Ullman?

Mr. ULLMAN. How long have you been with the customs service, Mr. Goyco!

Mr. Gorco. I have been with the customs service for 10 years.

Mr. ULLMAN. Since 1949 ?

Mr. Gorco. Yes, sir.

Mr. ULLMAN. All of the employees, even at the top level, come in through nonpolitical civil service?

Mr. Goyco. Well, not at the beginning. There was some period of customs people being appointed directly, without going through a civil service examination.

Mr. ULLMAN. May I ask, first, when the administration changed in Washington in 1952 were there any changes here among your personnel in Puerto Rico?

Mr. Gorco. Well, the appointments here were then by the collector. The collector was appointed?

Mr. MARTIN. Sure.

Mr. ULLMAN. By the new administration?

Mr. Gorco. That is right, sir.

Mr. ULLMAN. Besides the collector, what other change in personnel was involved?

Mr. Goyco. None.

Mr. ULLMAN. He was the only official?

Mr. Goyco. He was the only one appointed, yes, sir.

Mr. ULLMAN. That is all.

Mr. O'BRIEN. Mr. Fernós?

Mr. FERNÓS. I have no questions.

Mr. O'BRIEN. I would like to clear up something in my mind. I think the chairman has cleared it away and made very clear that your objection is to the particular section.

Mr. Gorco. That is right, sir.

Mr. O'BRIEN. He has also made it clear and you very frankly stated that you are concerned about your future employment if the bill goes through.

Mr. Gorco. Yes, sir.

Mr. O'BRIEN. In that respect, I might point out that we have had in Washington some rather violent disagreements between the Letter Carriers Association, for example, and the Post Office Department, where employment or threat to employment was concerned. So, Í am sure the chairman feels, as I do, there is nothing reprehensible about a man fighting to protect his job.

Mr. Gorco. Certainly.

Mr. O'BRIEN. I have no further questions, and thank you very much, gentlemen.

Our next witness will be Mr. Jose M. Velez, representing a group of Federal employees. Is he here? Apparently not.

Earlier in the proceedings I stated that the statement for Citizens for State 51 would be made a part of the record at that point because Dr. Ledesma was not present, but I am now informed Enrique Lugo Silva, professor at the University of Puerto Rico, will substitute for him and he is present in the room now. You may proceed, Dctor. STATEMENT OF ENRIQUE LUGO SILVA, PROFESSOR, UNIVERSITY OF PUERTO RICO

Mr. LUGO SILVA. Mr. Chairman and honorable members of the subcommittee, Puerto Rico is the smallest of the Greater Antilles. Rectangular in shape, it is approximately 100 miles long and about 35 miles wide. It is bounded on the north and east by the Atlantic Ocean, on the south by the Caribbean Sea, and on the west by the Mona Channel, which separates Puerto Rico from Santo Domingo. The total areas of the island amounts to 3,421 square miles. One of the most densely populated areas of the world, its population according to the census of 1950 was 2,210,703.

For 400 years, except for three short periods during the 19th century, Puerto Rico was governed by Spain under absolute rule. During that time, the highest officer representing the crown was the Governor General, absolute power resting in his hands. He was considered the executive, the legislative, and the judicial head, and was responsible only to Madrid. In regard to this government, Luis Munoz Rivera, who was primarily responsible in obtaining at the end

of the 19th century an autonomy arrangement with Spain, made on one occasion the following statement:

✦✦✦ the Governor General was absolute master of the destinies of the country. He was surrounded by a number of influential persons to whom he granted favors and on whom he depended to keep up the appearance of a system of representation which was at bottom completely false.

Under the oppression and misrule of this government, the Puerto Rican people had been expected to combine against their rulers, but they were not able to present a common front against Spain for any length of time. Henry K. Carroll, who was appointed in 1898 as special investigator by President McKinley to explore the economic and social conditions peculiar to the island, said:

The attitudes of Puerto Rico toward Spain has been one of obedience and endurance, if not of love and devotion. There have been no important uprising since the aboriginal inhabitants made their final stand early in the 16th century and were defeated and enslaved. * * *

However, by 1897 the Puerto Rican's desire for a more liberal government from Spain was growing stronger and stronger. The Spanish Government, in order to avoid the possibility of American intervention in Cuban affairs, presented to the people of Puerto Rico and Cuba a royal decree on November 25, 1897, which established an autonomous system of government.

According to the provisions of this constitution the legislature consisted of two chambers, the house of representatives and council of administration. The insular Parliament was given the power to enter into commercial treaties with foreign countries (if approved by the Spanish Government), to legislate on all local matters, to provide for insular revenues to pay the expenses of the local administration, and to frame the tariff and fix the duties to be paid on merchandise. The executive branch of the new government was composed of a Governor General, appointed by the Crown and representing the mother country, who shall exercise authority, and a cabinet of five secretaries. The system of autonomy was never fully installed. On April 21, 1898, before it could commence to function, the Spanish-American War began. The was between the United States and Spain opened one of the most important chapters in the history of the island. On July 25, 1898, General Nelson A. Miles, commander in chief of the U.S. forces, landed his troops on the southern part of Puerto Rico. A short but intensive campaign followed. However, the defenders were weak and retreated rapidly, offering no serious resistance. Upon landing on the island, General Miles issued a proclamation to the people of Puerto Rico in which he said:

* We have not come to make war upon the people of a country that for centuries has been oppressed, but, on the contrary, to bring you protection, not only to yourself but to your property, to promote your prosperity, and to bestow upon you the immunities and blessings of the liberal institutions of our government. It is not our purpose to interfere with any existing laws and customs that are wholesome and beneficial to your people so long as they conform to the rules of military administration, of order and justice. This is not a war of devastation, but to give to all within the control of its military and naval forces the advantages and blessings of enlightened civilization.

The Americans were warmly welcomed to Puerto Rico in 1898. The recent grant of a more liberal government by the Spanish had not taken away the memories of long years of oppression and misrule by

colonial governors. The Puerto Ricans refused to join forces with Spain in the defense of the island. Instead, they accepted the American rule hoping that it would correct the misfortunes of centuries by means of an honest measure of liberty as citizens of the United States of America.

Dr. Martin G. Brumbaugh, first Commissioner of Education for Puerto Rico under the American Government, was in an excellent position to judge the attitude of Puerto Rico toward the United States. Pointing out the great responsibility acquired by the U.S. Government in Puerto Rico, he expressed his opinion as follows:

* The great Republic has a debt of honor to the island which indifference and ignorance of its needs can never pay. It is hoped that this record of their struggles during four centuries will be a welcome source of insight and guidance to the people of the United States in their efforts to see their duty and do it. After 400 years of Spanish rule the American flag was officially raised (October 18, 1898), and a temporary military government was established. The human liberties, such as freedom of the press, speech, assembly, and religion immediately were given to the people of Puerto Rico. On December 10, 1898, the plenipotentiaries of Spain and United States met at Paris and signed a peace treaty. The most important article of the Treaty of Paris in relation to Puerto Rico was:

Article II. Spain cedes to the United States the island of Puerto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.

Article IX. The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

On April 12, 1900, Congress approved the Foraker Act, an act temporarily to provide revenues and a civil government to Puerto Rico and for other purposes. The act provided for a Governor appointed by the President of the United States. The legislative power was vested in two bodies; the executive council of 11 members, appointed by the President, and a House of delegates composed of 35 members elected by popular vote. Under this act, Puerto Rico was represented in the Congress of the United States by a Resident Commissioner, elected every 2 years by universal suffrage. Although he had no vote under a rule of the House he had the right to speak.

Furthermore, the act declared that the inhabitants of Puerto Rico who were Spanish subjects became citizens of Puerto Rico and as such entitled to the protection of the United States. Nevertheless, by another provision of the Foraker Act the inhabitants of the island were given the right to preserve their allegiance to the Spanish crown if they desired to do so. The civil government was inaugurated on May 1, 1900.

The first Governor under the Foraker Act was Charles H. Allen. Governor Allen was succeeded in the following years by William H. Hunt, Beckman Winthrop, Regis H. Post, and Arthur Yager. Governor Yager, the first Democrat appointed Governor of the island, took office on November 6, 1913. It was during the administration of Governor Yager that the Congress of the United States, after several years of debates and public hearings, admitted the people of Puerto Rico into the American family. This was brought about by the Jones Act, approved on March 2, 1917.