SOTH CONGRESS
1sT SESSION S.59
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IN THE SENATE OF THE UNITED STATES
JANUARY 6,1947
Mr. LANGER introduced the following bill; which was read twice and refehed
to the Committee on Public Lands
To enable the people of Puerfo Rico to form a constitution ~d
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State government and be admitted into the Union on an
equal footing with the States.
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Whereas it has been the intention of the United States of America
to prepare the people of Puerto Rico for statehood a&"is
evidenced by the several Acts of Oongress applicable. to
Puerto Rico and more specially by the Act· of Oongress
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approved March 2, 1917, granting United States citizenship
to the people of Puerto Rico, the first step toward that ehd; .
and
Whereas the Legislature of Puerto Rico has ,declared that the
final status of Puerto Rico should be statehood and that the
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people of Puerto Rico desire that Puerto Rico become a
State, forming a part of and associated with the federation
of the United States of America; and
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Whereas the people of Puerto Rico desire to petition the Con-gress
of the. United States of America for legislation authorizing'
the people of,Puerto Rico to adopt their own State
constitution for its ,apprpval by the Congress of the Unit~d
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States of America : Therefore 3
1 ' Be it enacted by the Senate 'and House 'of Representa-
2' tives of the United States ofAmeric.a in Oongress assembled,
3 That the inhabitants of all that part of the area of the United
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4 states now cQnstituting the Territory of Puerto Rico, as at
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r , ~ ,. /p:r~~~nt: described, may beq~me the', State o(Puerto :&ic,o, ,~s
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6 hereinafter provided. -_"-.o'-~-
7 SEC. 2.-AH- citizens of the United States-who have the
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8 qualifications of voters for representath:es of the insular
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9, Legislature of Puerto Rico are hereby, authorized to vote for
r·10 1 a~d ~h.oose)aelegate~ to form ~ convention tn Jsaid ;Territory.
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11 Such delegates shall possess the qualificati<ons of such electors; . .. ., ,.-,,; .
'J~~~:' .l}n,d th~~ore~aid ?onventi<m s~all· consist' pL~thirty-n~e
~il~ delegates' apportioned '~mong I the several representative dis'
il4" tricts ~ithin the >l~it~' ~f the' propo~ed 'S,tate as 'follows:
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,lq ,O~e delegate.for: each of the thirty.-five representative districts
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t A~'J ~na four delegates.:}t large to 'be chosen.' oy said thirty-five
17 representative districts.
~"I;J Ther'G~ve~or 6f 1;aid Territory'shan: withIn ,thirty d~ys
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after the. approval of this Act, issue a proclamatio;n ordering'
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J ~)q. ~).~:r;t, ,~lection ,of the delegates as aforesaid in s~id Territory
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21 to be held' at a tUne' -to be) designated i~-}'tlie' proclarn.ation
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1 within six months after the approval of this Act, which
2 proclamation shall be issued at least thirty days prior to the
3 time of holding said election of delegates. The election for
4 delegates shall be' conducted, the returns made, the result
5 ascertained, and the certificates of persons elected to such
6 convention issued, in the same manner as is' prescribed l;>y
7 the laws of said Territory regulating elections therein of
8 members of the legislature. Persons possessing the qualifi9
cations entitling them to vote on the ratification or rejection
10 of the constitution may do so under such rules or regulations
11 as said convention may prescribe, not in conflict with this Act.
12 SEC. 3. The delegates to the convention thus elected
13 shall meet at the seat of the govemme?t of said Territory
14 . on the second Tuesday after their election, excluding the day
15 of election in case such day shall be Tuesday, but they shall
16 not receive compensation for more than SL"'l:.ty days of service,
17 and, after organization, shall declare on behalf of the people
18 of said proposed State that they adopt the Oonstitution of the
19 United States, whereupon the said convention shall be and
20' is hereby, authorized to form a constitution and State govem21
ment for said proposed State.
22 The constitution shall be republican in form, and make
23 no distinction in civil or political rights on account of race
-24 or color, and shall not be repugnant to the Oonstitutionof
25 the United States and the principles of the _Declaration of
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.. ~ Independence. And said convention shall provide, by oidi,2
nance, irrevocable without the consent of the United St&tes
3. and the,people of said State- co
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4: First. That perfect toleration of religious sentiment sl!l:all
.5 be secured, and that nq inhabitant of said State shall eve~'be
6 'molested'in person or property on account of his or her m~de
7 of l:eligious worship. "
-' 8 Second..The State of Puerto Rico shall retain all. [the
. ~ public property, vacant and,u:p.appropriated lands lymg wit]llln
J<1 fits liInits now ceded, transferred, and in possessionl of the
'J.1. United States, except such as are in the possession of and uSed
'12 by a department of th~ Unjted States, and may dispose 'of
~3 . ,the same as the said State" may direct.
14 " Third. That the debts and liabilities of said Territory:o£
),5 Puerto Rico shall be' assumed and paid by said State and- all
16 . 'debts and assets owed to said Territory. of Puerto Rico shall
,.l:Z ",be assumett arid collected by said State.
i 18' Fourth. That provision shaH be made ~or the establish-
.: 19. merit and maintenance of a system of public' schools,. wljich
20 shall be open to, all the children of said, State and ·free froin
21 sectarian' control.
,~~, 'I, SEC. 4. In ·'case a constitution and State governtneBt
23 shall be formed in compliance with the provisions of this
. 24· Act, the convention formil;lg the same shall provide the or~
·1.~5;,."nance ',for submitting" s'aid constitution to the people of smd
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1 State, for its ratification or rejection, at an election to be
, 2 held at a date to be fixed by. said convention, which shall
3 be not ,more than sixty days from the date of its adjourn..:
4 ment, at which election the qualified voters of said pro5
posed State shall vote directly for or against the proposed
6 constitution, and for or against any provisions separately sub7
mitted. The return of said election shall be made to the'
8 secr~tary of, Puerto Rico, who shall cause the same to be
9 'canvassed, and if a majority of the votes cast· on that ques-'
,10 tion shall be for the constitution, the Governor of the TerriII
tory of Puerto Rico shall certify the result to the President 12
of the United States, together with a st,atement of the votes .
13 cast thereon and upon separate articles or propositions, and
14 a copy of said constitution, articles, propositions and ordi- '
15 nances. If the constitution and government of said proposed •
16 State are re[publican in form, and if all the provisions of this
17 Act have been complied with in the formation thereof, it ,18
shall ,be t4e duty of the President 'of the United States to
19 issue his proclamation announcing the result of said election, ..
20 and thereupon the proposed State 'of Puerto Rico, shall be
21 deemed admitted by Congress into the Union, under and
22 by virtue of this Act, on an equal footing with the,' rest of '
23 the forty-eight States from and after the date of said ~
24 proclamation.
,25 SEC. 5. The sum of $200,000, or so much thereof ai· 2•
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1 may be necessary, is hereby authorized to be appropriated;
2 out of any money in th~ Treasury of the United States -!
3, not otherwise appropriated, for defraying the expe~ses' of the
4 elections provided for in this Act and of the convention, and .
5 for the. paYment of -the members thereof, under the same
6 rules and regulations and at the same rates as are now pro-
7 vided by law for the paYment of the Territorial Legisiruture
8 of the Territory of Puerto Rico, ana. the disbursements -of
9 the -money appropriated by this section shall be made by
10 the secretary of the Territory of Puerto Rico.
11 , SEC. 6. Until the next general censu's, or until otherwise.
12 provided by law, said State shall be entitled to two Repre13
sentatives in the House of Representatives of the United
14 I States" which Representatives, the two Senators of the United
lQ States, together with thE1 Governor and other officers pro16'
vided for in said constitution, shall be elected on the day
17 of the election for the adoption of the constitution; and until
18 said State officers are elected and qualified under the provi19
sions of the constitution, and the State is admittedl into the
20 Union, the Territorial officers shall continue to disoharge the
21 duties of the respective offices in said Territory.
22 SEc.. 7. ,Said State when admitted as aforesaid shall con2~,
stitute one judicial district, to be known as the !'district
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24 ,of Puerto' Rico". The district courts for I the district of
, " 'i ,.2~ r~ Puerto Rico shall be. held one term at San .Juan 'and one- ,I- ,." I
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,1 term at Ponce each year, and special 'terms may be, held,
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2 'at such 'times and places in said district las the said judges I'
may deem expedient. ,And the said distriet shalI;' for; 'judiL:,
'cial 'purposes, 'until otherwise provided; be attaehed to <the',
first' judicial cir~uit. ' T,here shall be appointed for sald -dis~'
trict two district judges, one United State's attorney, and'
,.one United :States marshal. There shall be appointed twa'
clerlis for said -district, who shall 'keep 'their offices afSart
~ . ~," .. • r) Juan I and ,Ponce, respectively. The regular I term of said.
court shall be held 'at the place desiinat~d in' this 'Act; af
San Juan on the first Monday in. January' and' at Ponce
on the first Monday in March In eacn<year, and one g'rand '
jury' shall he summoned in each ye'ar'" i~i each of 'said district"~
courts. . The district court for said distrIct; and th~ judges:.
- thereof, 'respectively, shall possess the same powers and Juris~;:diction
and pefform the same duties requ~red' to be performed" I
by otherdistrlot, courts and judges of district couns 'of 'the-',r
United States i and shall be goverlled by the same"lawsand·j"
reguiations. ,The marshal, district" attorney,' clerks,,' .rand' :
'stenographers of the district courts of'said district,' and an:~
other officers and persons performing ,dutie~ in .the lldminJ }:
istnt:tion of justice therein, shall' severally 'possess the powerS::~
23'·' -and' perform' the .duties lawfully I -required to be performe~~ I
24": bye simllar offic'ers in other districts'of the United' States;~~·
25 and shall, for' the service§ they may perform; rece,ive the 1feesC;2'
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1 . and compensation now allowed by law to officers performing
2 similar service for the United States in other districts of the-
3 United, ·States.
4 SEC. 8. The laws in force ill the Territory'of Puerto Rico,.
5 as far a.g applicable, shall extend over and apply to said State
6 until ,ohallged by the legislature thereof.
7.. SEC. 9. :All appeals or writs of error taken from the,'
8 Supreme Couttof the Territory of Puerto Rico to the Supreme~
9 Court· of the Unit~d States or the United States Circuit
10 COlirtofAppeals for the First Circuit, previous to the final 11
admIssion of such State, shall be prosecuted to final deter- ..
12- mination as though this Act had not been passed. .And all :
13 cases in· which final judgment bas been rendered in such'
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14. Tei'ritorial appellate courts which appeals or writs of error .
15 . ~ght be had except for the admission of such State may still" .
16 be sued out" taken, and prosecuted to the Supreme Court of17
-the United States or the United States circuit court of appeals
18 under. the provisi<ms of existing laws, and there held ang
19 detmTIllned in like manner, and in either case the Supreme
20·' Court of-the Utiited States, or the United States circuit court
21.. 'ofappea;ls, in the event of reversal shall remand the said cause
22,- to either the State supreme court or other final appellate court
23 . of said State, or the Ucited States district court for said
24 . district,' as the case may require: Provided, That the time
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25 ~llowed br ~x~stin~ law for'appeals and writs of error from: :
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1 'appellate courts of said Territory shall not be enlarged
2 thereby, and all appeals and writs of ~lTor not sued out from
3 the final judgments of said courts at the time of the admission
4 of such State shall be taken within six months from such time..
5 SEC. 10. All causes pending in the 'Supreme GOUlt of
6' the Territorv, of Puerto Rico and in the United States courts
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7 arising under the Constitution, laws, or treaties of the United:
8 States or affecting ambassadors, ministers, or consuls of the
9 United States or of any other COlmtry or state, or of a~
10 miralty or of maritime jurisdiction, or in which the United .
11 States may be a party, or between citizens of the same State 12
claiming lands under grants from different States; and in
13 aU cases where there is a controversy bet:v-een citizens of said
14 Territory prior to admi sion and citizens of different States, or
15 between citizens of'different States, or between a citizen of .
1~ any State and citizens or subjects of any foreign state or
17 country, and in which cases of diversity of citizenship there
18 shall be more than $2,000 in controversy, exclusive of in19
terest and costs, shall be transfelTed to the proper' United
20 States district court for final disposition: Provided, 'That s~id '
21 transfer shall not be made in any case where the United22
States is not a party except on application of one of the'
23 parties in court in which the cause is pending, at or before
24 the second term of such court, after the admission of said .
25 'State, supported by Qath, showing that the case is one which .
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1 may'be'so transferred, the proceedings to affect such transfer,
2 except as, to time and parties, to be the same as 'are now
3 .provided by the' law for the removal of causes from State
4 court io a district court of the United States; and in causes
5 ,'transferred from the' "appellate courts of 'said Territory the
6: ' district court of the United States' in such State shall' first
7 ! ~detennine such appellate' matters as the successor of and with
81 all the power of said'Territorial appellate courts, and 'shall
9 'thereafter proceed under' its original jurisdiction of such
10 causes. All final judgments 'and decrees rendered in' such
II' 'district court in such transferred cases may be reviewed by"
12 'the Supreme Court of the' United States or by the Unitea
13 ~ States circuit court o~ appeals in the same manner as is now
, 14' provided' by law with reference to ·existing United States
15 ;distrlct courts.
16 ' SEC: 11. All cases pending in the supreme court of said'
17' Terrifory of Puerto Rico not transferred to the United State's'
18 1: district court in said State of Puerto Rico shall be proceeded
19 'lwith; held, and determined by the supreme or other final'
20 appellate court of such State fiS the successor of said Terri- .
21 "toria! supreme court and appellate court subject to the same
22 " right to review upon ~ppeal or e~ror to the 'Supreme Court:
23' 'of'the United States or by the circUit court of appeals nof the ~ .
24 ~ r.'.United I States not allowea from the supreme or appellate'
25' ,: COllrts' of la 'Stater utidet existing 'laws.' .Jurisdiction)' of' all,'
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1 cases pending ill the courts of original jurisdiction in said
2 Territory not transferred to the United States district court3
shall devolve upon and be exercised by the courts of original
4 jurisdiction created by said State.
5· SEC. 12. The supreme court or other court of last resort'
6 of said State shall be ·deemed to be successor of said Terri7
. tonal appellate courts and shall take and possess any and all .
8 jurisdiction as such, not herein otherwise specifically provided
I 9' for, and shall receive and retain the custody of all books,'
10 . dockets, records, and files, not transferr~d to other courts, as
11 herein provided subject to the duty for furnishing transcripts '
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12 of all boak entries in any specific case transferred to complete
13 the record thereof. ..
14 SEC. 13. The ~ourts of original jurisdiction of such State
15 shall be deemed to be the successor of all courts of no
16 original jurisdiction of said Territory and, as such, shall take'
17 and retain custody of all records, dockets, journals, and files
18 of such,collrts except in causes transferred therefrom, as herein .
19 provided; the files and papers in suchl transferred cases shall
20 be transferred to the United States district court, together .
21 I with a transcript of all book entries to complete the record in :
22' such particular. case so transferred.
23 ,- . SEC. 14. All cases pending in the insular .district co~rts '
24;' of. th'e. Territory of Puerto RicQ at the Itinie said TerritorY· ': I
25 becomes a State ;o~t transferred to the Unitea; States' districf:'
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1 .court in the State of Puerto ]:tico shall be proceeded with,
2 held, and determined' by the courts of said State, the suc- .
.3 cessors of -said insular district courts of the Territory of
4 . Puerto Rico with the right to prosecute appeals or writs·
5 of error to the supreme court of said State, and also with
6 the same· right to, pros-ecute appeals or writs of error from .
. 7 the final determination in said causes made by, the supreme'
.8 cQurt of said State of Puerto Rico to the Supreme Court of
9 the United States, 3,S now provided by law for appeals and
10 writs of error from th~ supre~ecourt of a State· to the
11 Supreme Court of the United States~
12 SEC. 15. The constitutional couvention shall by ordinance -
13 proVide for .the election of officers:' for a full State govern14
ment, including members of the legislature, two United States
15 Senators, and two Representatives in Cong~ess. Such State
16 government shall remain· in abeyance until the State shall
17 be a-dmitted into the Union and the election of State officers
18 held as provided for in this Act. The Governor and secre~
19 tary of said State shall certify the election of the Senators.
20 . flrnd. Representatives in the manner required ,by law;; and.
21 said Senators and Repre-sentatives ,shall. be entitled to' be
22 admitted ~o seats in Congress aLtd to all the rights and privi-,
23 leges of S~nators and Representatives of other States in the
24 Congress of. the United S~ates. And the officers of, the State
25 g~)Vernment formed in p.ursuance .Qf said -constitution, as pro~ .
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1 vided by' said constitlltional convention, shall proce~d to
2 exercise all the functions of such State officers; and all
3 the laws in force in the Territory of Puerto Rico at the
4 time of admission of said State into the Union shall be in
5 force throughout said State, except as modified or changed
6 by this Act or by the constitution of the State, and the laws
7 of the United States not locally inapplicable shall have the
8 same force and effect within said State as elsewhere within
9 the United States.
10 SEC. 16. All Acts or pa,rts of Acts in conflict with the
11 provisions of this Act, whether passed by the legislature of
12 said Territory or by Oongress, are hereby repealed.
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80TH CONGRliJSS
1ST SESSION 5.59
A BILL
To enable the people of Puerto Rico to form a
constitution and State government and be
admitted into the Union on an equalfooting
with the States.
By Mr. LANGER
JANUARY 6, 1947
Read twice and referred to the Committee on
Public Lands
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