Seaton Schroeder

General Orders issued by Naval Governor Seaton Schroeder (19 July 1901 – 2 November 1903). To learn more read entry: Guam Leaders from 1899-1904. To go back to the list of General Orders click here.

No. 22

1 August 1900

General Order No. 22
1. That part of article 300 of the “Ley hipotecaria par las provincias de Ultramar,” which declares ineligible the judge of the court of the first instance to the office of registrar of lands, deeds, and titles, is hereby abrogated.

2. When the office of registrar of lands, deeds, and titles is filled by a commissioned officer of the Navy or Marine Corps of the United States of America no personal bond shall be exacted.

3. All laws or parts of laws inconsistent with the provisions of paragraphs 1 and 2 of this order are hereby abrogated.

SEATON SCHROEDER, USN
Governor

No. 23

10 August 1900

General Order No. 23
1. It appears that the payment of the land tax semi-annually works a hardship to those who live at a distance from Agana, compelling them to make the journey twice in the year, frequently for the purpose of paying a very small sum. Therefore, for this and other reasons, General Order No. 10 relating to the payment of land taxes, is so far modified that the entire land tax for each year shall hereafter be paid at one time instead of in two semi-annual installments.

2. The year for which taxes are due shall comprise the period from the 1st day of July to the 30th day of June following; and payment shall be made before the 1st day of January intervening. Land taxes not paid before the said 1st day of January shall be increased 10 percent if paid before the 1st day of March, 25 percent if paid before the 1st day of May, and 50 percent if paid before the 1st day of July. The land tax now due for the half year ending June 30th, 1900, shall be subject to the penalty of 50 percent increase if not paid on or before January 1st, 1901.

3. The laws governing the occupation of unclaimed land or land reserved to the Government, are so far modified that no such public or unclaimed land shall be occupied without written permission signed by the Governor. This is not intended in any way to hamper or discourage the occupation and improvement of wild land, but, on the contrary, to encourage such enterprise by better defining the proper mode of procedure, and ensuring a more perfect tenure.

SEATON SCHROEDER, USN
Governor

No. 24

14 August 1900

General Order No. 24
1. After August 31 of this year the hospitals which have been established at Agat and at Sumay, and all other hospitals which may be established in the future for the benefit of the citizens of the island of Guam, will receive patients without payment of any entrance fee. The government will pay the salaries of nurses and other necessary attendants, and the patients there and at Agana will continue to receive gratis the professional services of the medical officers of the Navy on duty at this station. All those who are ill or suffering from disease are cordially invited to present themselves for care and treatment; more than that they are strongly urged to thus avail themselves of the generosity displayed by the Navy Department of the United States and by the government of the island of Guam.

2. There are many unfortunates on this island who are suffering from disease for which they are not responsible, it having been transmitted to them from preceding generations. If they do not become cured, they will hand down the dreadful scourge to their children and to their children’s children. Wherefore these unfortunates are enjoined to come to the skillful surgeons of the Navy, who are able to cure them, and in course of time to restore them to a condition which will leave the coming generations free form taint and in the full enjoyment of perfect health.

SEATON SCHROEDER, USN
Governor

No. 25

5 September 1900

General Order No. 25
1. All persons employed by the government of the island of Guam are required to take the following oath of allegiance:

I, do solemnly swear that I will bear true faith and allegiance to the United States of America: that I will serve them honestly and faithfully, denying all their enemies and opposers whomsoever, and that I will observe and obey the orders of the President of the Untied States and of the governor of Guam, and of the officers appointed over me according to the laws governing the island of Guam.

[SEAL.] subscribed and sworn to before me this day of, A.D. 190 ___.

2. This oath shall be subscribed to in English, but subscribers to it will be furnished a copy in Spanish if desired.

3. All persons in the employ of the government at the present time shall take this oath on or before the 30th day of September, 1900.

SEATON SCHROEDER, USN
Governor

No. 26

15 September 1900

General Order No. 26
1. The public holidays of the United States of America shall be observed as such in the island Guam. Besides Sundays, they are as follows: The 1st of January (New Year’s Day), the 22nd of February (Washington’s Birthday), the 30th of May (Memorial Day), the 4th of July (Independence Day), the first Monday in September (Labor Day), the 25th of December (Christmas), and such day of national Thanksgiving as may be designated by special proclamation.

2. Whenever any of the above-designated dates falls on Sunday the following Monday shall be observed as a holiday.

3. General Order No. 4 is so far modified that public celebrations of feast days may be allowed by special permit in each case from the governor under the customary regulations for the maintenance of public order. Such permits shall not be construed as giving the day the character of a public holiday. The government offices shall not be closed except upon the days mentioned in the first paragraph of this order, and no government work shall be suspended upon any other days.

SEATON SCHROEDER, USN
Governor

No. 27

20 October 1900

General Order No. 27
1. In all cases where public officials receive a salary the fees provided by law as payable to them by the government are hereby abolished.

2. In all cases where public officials receive a salary exceeding $6 a month the fees paid to them under provisions of law by private parties shall be covered into the island treasury. Officials who are responsible for the issuance of permits or the fulfillment of obligation for which these fees are charged shall collect the fees and deposit them in the treasury, taking receipts therefore and keeping an account of the same; and such officials shall hold their accounts ready for inspection at any time and by such person as may be appointed by the governor.

3. The fee for a marriage license is hereby fixed at $1.00.

4. The following fees are hereby established for services performed by land judges:
Defining and bounding town property- $0.50

Defining and bounding other property- $1.00

Double fees shall be paid when the land judge is required to travel more than 5 kilometers from his residence. Land judges are required to perform these services whenever required, and within a reasonable time after the receipt of notice.

5. The annual dog tax is hereby fixed at $0.50, under such regulations as may be prescribed.

6. The use of stamped paper or the payment of the equivalent when ordinary paper is used, in judicial proceedings, shall no longer be required.

7. The laws relating to raffles are so far modified that no license or fee shall be required for holding them. All other provisions regulating these and other operations or games of hazard are continued in force.

8. Officials in charge of departments or offices where fees are paid will cause to be posted in their offices and in the offices of their assistants for the information of the public copies of their respective governor, correcting errors and omissions when discovered.

9. All laws or parts of laws inconsistent with the provisions of this order are hereby abrogated.

SEATON SCHROEDER, USN
Governor

No. 28

1 November 1900

General Order No. 28
1. All persons in the island of Guam who practice mid-wifery are hereby directed to present themselves at the Naval Hospital in Agana for an elementary course of instruction.

2. After December 1st of this year none shall be permitted to practice professionally without a certificate of instruction and a license dated subsequent to November 1st of this year. All previous licenses shall be considered revoked.

3. The instruction shall be given gratis. No fee shall be charged for the license. To those who live in remote districts the hire of carts and other expenses of travel to Agana shall be paid from the Island Treasury.

4. Penalties are provided by law for practicing without a certificate and license. But it is not alone respect for the law that should induce prompt and cheerful obedience to this order; it must be realized that the eminent surgeons who will give the instruction have had the benefit of a careful study and training and have been able to profit by the results of a world-wide practice, being therefore skilled to a degree far beyond the capabilities of those who have had less good opportunities. All are therefore enjoined to profit by the great experience now made available, and prepare themselves in good faith for their responsible work, to the end that there may be brought about a reduction in the present deplorable rate of mortality among mothers and infants.

SEATON SCHROEDER, USN
Governor

No. 29

1 May 1901

General Order No. 29
1. The competency to have cognizance of all questions and to try all cases which by law now come before ecclesiastical tribunals is hereby decreed to reside in the Court of First Instance, excepting in cases of such nature or involving such punishment as would clearly cause them to come before some other civil or military tribunal or authority.

2. All ecclesiastical jurisdiction and tribunals are hereby abolished; and all laws or parts of laws are hereby abrogated which give precedence, privilege, or immunity of any kind to the ecclesiastical or other officials, employees, or agents of any church or religion, the legal status of which persons will be that of private citizens without public functions or authority.

SEATON SCHROEDER, USN
Governor

No. 30

7 May 1901

General Order No. 30
1. It is hereby ordered and decreed that the cognizance and disposition of all offenses committed by any person or persons subject to military or naval jurisdiction, which constitute crimes or misdemeanors, rest with the civil courts; provided that the said offenses fall within the category of common crimes or misdemeanors which, by their character or circumstances, are not triable solely by military or naval tribunals.

2. All laws or parts of laws inconsistent with the provisions of this order are hereby abrogated.

SEATON SCHROEDER, USN
Governor

No. 31

23 May 1901

General Order No. 31
1. For the purpose of securing uniformity and equal justice to all applicants for grants of unclaimed land in the island of Guam, the following concrete conditions and rules have been formulated, and they shall be observed in the cession of public land by the Government to private persons.

2. The land which is the object of the application, if not a building lot, must be susceptible of cultivation, or of cattle raising. Land upon which there is a large amount of hard wood suitable for building purposes shall not under any circumstances be ceded, it being important that so valuable a resource should remain under the protection of the Government.

3. Land granted to a private person shall remain in the use and occupation of that person, but the ownership shall remain in the Government, during a certain period of time, the duration of which with the governing conditions shall depend upon the nature of the land and shall be precisely stated in the document conferring the temporary grant. If the land be arable and acquired for purposes of cultivation during a period of from two to five years as may be specified, depending upon the location and nature of the land. If the land be adapted to the raising of cattle and acquired for that purpose, it shall be obligatory on the beneficiary to maintain thereon during a period of two years, beginning within four years after the temporary grant, a number of head of cattle depending upon the size and quality of the pasture. Upon establishing, before a competent court, the fulfillment of the conditions imposed, the beneficiary shall be entitled to register the land acquired, in accordance with the land laws in force at the time of the temporary grant. Should the conditions imposed not be fulfilled at the expiration of the period of time specified, the concession shall be annulled and the property shall revert wholly into the possession of the Government.

4. Every application for a grant of land shall be in writing, shall be certified by the signatures of two reputable neighboring property owners, and shall contain a statement of the following:

(a) The full name, age, sex, condition (married or single), nationality, residence, occupation, and family of the applicant.

(b) Property in Guam, urban or country, owned by the applicant; the nature and size of each piece; the amount of each that has been cleared; what fields are under cultivation; and a description of houses, if urban property.

(c) The estimated value of all immovable estate in Guam owned by the applicant.

(d) The location, size, nature and detail description of the land applied for, and its classification for taxation.

(e) The use to which it is intended to put the land, and the length of time required to clear it or to accomplish the object for which it is desired.

(f) The amount and kind of wood on the land applied for.

(g) In case of desiring the land for a pasture, a statement as to whether it would be suitable for agriculture, and if not the reasons why it would not.

5. The Government will reject all applications which may appear to be prejudicial to the best interests of the island.

SEATON SCHROEDER, USN
Governor

No. 32

19 July 1901

General Order No. 32
1. In order to give full effect and force to General Orders nos. 1 and 2 and Paragraph 1 of General Order No. 8, it is hereby decreed that conviction of the offenses therein mentioned may be secured by the adduction of sworn testimony by one or more witnesses before the Governor, who, upon such conviction shall have the power to impose punishments and direct confiscation of goods in accordance with the general orders mentioned.

2. The punishment for violation of General Order No. 2 is hereby fixed at the same as that for violation of General Order No. 1, namely: a fine not exceeding $100.00 (Mexican), or imprisonment not exceeding one month, or both, and confiscation of the offender’s contraband goods.

3. Goods thus confiscated shall be destroyed in the presence of a responsible person to be designated in each case by the Governor; and a certificate of such destruction, signed by the witness, shall be entered in the record of the proceedings in the Executive Office. If the goods be of a nature and of a quality to make them of value for medical purposes, instead of being destroyed they may, in the discretion of the Governor, be delivered into the custody of a medical officer for such use.

4. All laws or parts of laws which conflict with paragraphs 1, 2 and 3 of this General Order, are hereby abrogated in so far as they thus conflict.

SEATON SCHROEDER, USN
Governor

General Order Nos. 33 – 34 under Swift

No. 35

11 November 1901

General Order No. 35
The inhabitants of the island of Guam are hereby informed that on the 2nd day of the present month I, Seaton Schroeder, Commander, USN, resumed the duties of governor of this island, which, during my absence, were temporarily discharged by Commander William Swift, USN.

SEATON SCHROEDER, USN
Governor

No. 36

16 November 1901

General Order No. 36
It is hereby ordered and decreed:
1. That in the island of Guam a Civil Registrar is established which shall contain record of all deaths, marriages, births, entries into and departures from the island. The said Register shall be under the direction of the Executive Office.

Every record of a death shall contain the name, the age and the former residence of the deceased, and the date of death.

Every record of a marriage shall contain the names, ages, occupations, state (single, widowed, or divorced) and residences of the contracting parties, and the names of the witnesses.

Every record of a both shall contain the name of the infant born, and of its parents and grand parents, and the place and date of the birth.

Every record of entry into and departure from the island shall contain the name of the person entering or leaving the island, with his or her age, state (single, married, widowed or divorced), occupation and former and future residences. The Civil Register shall not contain a record of the entry or departure of military persons, or of persons who may land for a period of less than three months.

2. That all ordained clergymen and priests of whatsoever religious faith, who shall have been recognized as such by the religious body whose faith they represent, and Justices of the Peace, are empowered to solemnize the marriage of all persons who may present themselves with the necessary license issued by the Government, the duty being obligatory on Justices of the Peace to whom it is prohibited to exact a larger fee than 3 pesos for performing a marriage ceremony. And every marriage solemnized by a clergyman, or priest, or Justice of the Peace shall have the same legal effects, provided by law for civil and religious marriages without distinction as to the manner in which it may have been solemnized.

3. That in the issuance of marriage licenses the following rules are established for persons who may lawfully marry:

(a) Persons of age shall not in any case be required to obtain the consent of the father or of his legal substitute as such. Neither shall such consent be required for minors of 18 years or over who do not live under paternal authority or minors of any age who may be without guardian or who do not live under the same roof and protection of a relative within the third grade of relationship as established by the Civil Code.

b) For minors subject to paternal authority, or guardianship, or third civil grade, or under the protection of a relative within in the third civil grade, with whom they may be living under the same roof, there shall be required the consent of the father, mother, guardian, or relative in the respective cases.

Parents shall justify their refusal to give consent to a marriage whenever the contracting parties may require it and are minors of 18 years or under; and guardians and relatives shall justify said refusal whenever required by the contracting parties.

4. That the solemnization of a marriage between persons who do not hold the required license issued by the Government within six months prior to the date of the marriage, is prohibited under the penalties provided by law for performing illegal marriage ceremonies.

5. That every persons who performs a marriage ceremony shall report it to the official in charge of the Civil Register, with the necessary details, within one week of the date of the ceremony, under the penalty of a fine of 25 pesos, which shall be exacted through executive channels.

6. That the parents of newly born infants shall report to the official in charge of the Civil Register the name and the other details required for said Register within one month or the birth, under penalty of 5 pesos; the imposition of which shall likewise be through executive channels.

7. That every legal separation (divorcio) decreed by whatsoever authority in this island between the 15th day of September 1899, and the 19th day of July 1900, is valid and shall have all the effects established for valid marriages by the said Code, and the contacting parties and other persons who took part in the solemnization of those marriages are declared exempt for all civil and criminal responsibility thus resulting from their personal circumstances and from the conditions and manner in which the marriages were solemnized. Nothing in the preceding paragraphs shall be construed as relieving persons legally separated (divorciados) from their obligations toward their descendants or as prejudicial to the rights of these arising from their civil condition at the date of the granting of the separation.

SEATON SCHROEDER, USN
Governor

No. 37

29 November 1901

General Order No. 37
Notice is hereby given that the government has commenced a survey of this island; and it being of the first importance that the persons in charge of said survey shall have due authority for prosecuting the work, and that their signals, stations, and other means which they may have to employ shall remain undisturbed, it is hereby decreed:

1. That the officials employed by the Insular or the Federal Government have the right and are authorized to enter private grounds when necessary, and, in case of necessity, to cut down trees and shrubs, erect signals, establish stations of any kind, and do other things necessary to the efficient prosecution of the work referred to without prejudice to the right of injured parties to present claims for damages in the manner provided by law.

2. That it is prohibited to destroy, remove, displace or in any way disturb the signals of whatever form or nature they may be, under the penalties established in Article 601 of the Penal Code, namely, imprisonment for one-to-five days, or a fine of 15 to 70 pesetas, unless the infraction should constitute a crime, in which case the lawful penalty shall be imposed; all of which shall be without prejudice to the financial responsibility which may have been incurred.

3. That the Justices of the Peace shall be competent to try cases arising under Paragraph 2 of this order, except the offense be such as to be cognizable by the Court of First Instance.

SEATON SCHROEDER, USN
Governor

No. 38

24 December 1901

General Order No. 38
It is hereby ordered and decreed:
1. That the poll tax (impuesto provincial) and the labor tax (prestacion personal) are abolished, and in their stead there is established a Personal Tax of 12 pesos a year to paid into the Treasury by each male person of 18-to-60 years of age domiciled or having a fixed residence in this island, without distinction of race or nationality. This tax shall become due on the first day of January in each year.

2. That any person who, for any reason, fails to pay the tax established in the preceding paragraph, shall be obliged to work in such place and at such time as may be directed by the Chief of Public Works or his legal representative, one day of eight hours for each 1/2 peso that he fails to pay; and each person who is subject to the personal tax, and who, when called upon to labor in the public works, shall fail to give evidence of having paid the tax, shall be obliged to obey the call, complying with all its provisions, without prejudice to his subsequent right to extinguish the obligation by paying into the Treasury the 12 pesos less 1/2 peso for each day that he may have worked in the public works.

3. That the following persons shall be exempt from the payment of the personal tax during the terms of their office: (1) Those who reside in the island solely to fill official positions which are controlled by the Insular Government or by the United States, and their sons who live under the paternal authority; (2) military persons in active service (3) the functionaries and employees of the Courts of Justice; (4) all public officials who receive no compensation for their services, or whose pay is monthly or yearly; (5) during also the year following that in which they complete their terms of office, the Gobernadorcillos, Cabezas de barangay, Tenientes Primeros, Jueces de Sementeras and de Ganados, and Tenientes de barrio.

4. That in the exaction of penalties prescribed for non-payment of the personal tax, Cabezas de barangay, Tenientes and Gobernadorcillos shall be representatives of the Chief of Public Works; it shall be their duty to carry out all lawful instructions issued by him, and in the execution thereof they shall be considered and respected as officers of that department.

5. That all persons who fail to furnish the required labor on the days designated, either in person or by substitute, shall be required to furnish valid reasons therefore; or, failing that, they shall be fined in the sum of 1/2 peso for each working day, which fine shall be considered an integral part of the personal tax. The same penalty shall be inflicted upon those who, presenting themselves for the work, maliciously fail to follow the directions of the person in charge or who follow them in a manner prejudicial to the interests of the government.

6. That all persons who fail to pay the personal tax and who are exempted from labor upon medical recommendation because of sickness or physical defect, shall be required to prove their insolvency, in default of which they shall suffer imprisonment for one day for each 1/2 peso that they fail to pay.

7. That all questions arising in the collection of the personal tax shall be decided by the Chief of Public Works, appeal from whose decisions may be made to the courts.

8. That all moneys received in the Treasury shall be covered into the one general fund from which all expenditures will be made. All existing special funds shall continue to be accounted for as at present until extinguished.

9. That this order shall go into effect on the first day of January 1902.

SEATON SCHROEDER, USN
Governor

No. 39

25 February 1902

General Order No. 39
It is hereby ordered and decreed:
1. That on the 1st day of April, 1902, the industrial tax (contribucion industrial) in this island shall be entirely abolished.

2. That the marking of cattle, as provided by law until now in force in this island, shall cease to be obligatory. The government mark or brand is abolished. The cattle judges (jueces de ganados) shall certify to the private marks which have been placed on cattle whenever the owners request it, issuing to that effect the proper certificate of ownership (credencial de la propiedad), signed by the cattle judge and the gobernadorcillo of the town and bearing the municipal seal. The cattle judge shall also issue the proper certificate of transfer (credencial de transferencia) at the request of one of the interested parties in the transaction recorded, which shall also bear the signature of the gobernadorcillo and the municipal seal.

3. The fee for a certificate of ownership or transfer shall be twelve and a half hundredths of a dollar Mexican, which shall pertain to the cattle judge.

SEATON SCHROEDER, USN
Governor

No. 40

4 March 1902

General Order No. 40
1. It is hereby made known that for the purpose of determining a system of accountability to be followed by the Naval Government of the Island of Guam, His Excellency, the President of the United States has issued the following order:

WHITE HOUSE,
Washington, D.C., November 14, 1901

By virtue of authority vested in me as the Commander in Chief of the Army and Navy of the United States, I hereby order and direct that during the maintenance of the Naval Government by the United States, in the island of Guam, Ladrone Group, there is hereby created and shall be maintained, the Office of Auditor for the island of Guam, whose duty it shall be to receive and audit all accounts of the island, the said Auditor to be appointed by the governor of the island of Guam.

There is hereby created and shall be maintained the Office of Treasurer of the island, which shall be filled by appointment of the governor of the island of Guam. The Treasurer of the island shall receive and keep all moneys arising from the revenues of the island, and shall disburse the same only upon warrants issued by the governor.

All rules and instructions necessary to carry into effect the provisions of Executive Orders relating to said island shall be issued by the Secretary of the Navy, and such rules and instructions shall be in force until the same are amended or revoked by him.

The above order and the following rules and regulations will be duly proclaimed and enforced in the island of Guam as therein provided, and all regulations and orders heretofore issued inconsistent therewith are hereby repealed.

(Signed)
THEODORE ROOSEVELT.

2. In conformity with this order, the rules and regulations for carrying it into effect will be issued to the offices of this government, and the system decreed shall be put in operation on the first day of April, 1902.

SEATON SCHROEDER, USN
Governor

No. 41

26 March 1902

General Order No. 41
It is hereby ordered and decreed:
1. That the gun license fee shall hereafter be 2 pesos a year for all classes of firearms.

2. That the repairing of houses or other buildings shall be free from tax, nor permit or license being necessary for repairing damages done to any building after its construction.

3. That the fish-weir license fee shall be 2 pesos a year, whatever the size of the weir. The leaders or wings of their weirs shall not exceed 100 meters in length, not including the sides of the pound. The distance between weirs shall not be less than 150 meters. For the establishment of a weir it shall be requisite to present a request to the gobernadorcillo of the district in which it is desited to establish it, which request shall state precisely and clearly the locality and the site where it is to be placed. This official shall forward the request with the proper endorsement to the Executive Office whence the license shall be issued if there be no good reason to the contrary. Owners shall be obliged to remove their weirs whenever the governor, for reasons of public convenience or necessity, shall so direct, notwithstanding the license previously granted. Licenses shall be issued for a term of one year; and, after the completion of the first term, owners of weirs shall continue in the right to the sites occupied for one more year subject to the same conditions as to making the request at the expiration of the original license and paying the license fee; after the second year all right to a site is lost if there be other applicants for the same.

4. The fishing by means of drag-nets, dip-nets, casting nets, and other hand implements shall remain free from restriction, it being prohibited, however, to fish within a distance of 100 meters from any part of fish-weirs while the latter are in condition for use.

5. That offenders against the provisions of the two preceding paragraphs shall suffer the penalty prescribed in Article 593 of the Penal Code, namely; a fine of from 15 to 125 pesetas, Justices of the Peace being competent to try and to punish acts committed in violation of said paragraphs.

SEATON SCHROEDER, USN
Governor

No. 42

9 April 1902

General Order No. 42
It is hereby ordered and decreed:
1. That General Order No. 15, having reference to the acquirement of title of urban and other real estate by private individuals and to the time within which the owners should acquire it, shall be construed as not conflicting with the provisions of the existing Land Law (Ley Hipotecaria) which provide for the admission and form of procedure in the Courts of Justice of petitions for grant of title of possession of, or in fee simple of, or of equity in, all classes of real property subject to registration in accordance with the said Law; wherefore the provisions of the said general order shall not be interpreted as impugning the validity or legality of titles recorded in the Registry of Lands, Deeds and Titles, or approved by judicial authority.

2. That in accordance with the preceding paragraph, it is proper and lawful for owners and possessors of real estate or of equity therein, by the means and in the manner established in the said land law.

3. That in the fulfillment of the requirements of Rule 2, Article 395 of the aforesaid Land Law, in petition of title, it is sufficient publication of the notices to post them in the public places which custom has established for such purposes; and it is not necessary to post them beyond the limits of the island of Guam, or to publish them in official journals until such means of publication shall be established for the island of Guam.

SEATON SCHROEDER, USN
Governor

No. 43

12 June 1902

General Order No. 43
In view of the existence of leprosy in this island it is of paramount necessity, in the interest of humanity and for the protection of society, to adopt proper measures to arrest the spread of the disease. The only means open to the government for uprooting so serious an evil is the heroic step of segregating the unfortunate lepers. The government recognizes the hardship of this measure which imposes upon unfortunate and innocent persons a separation from their families and the loss of personal liberty; but, for the public welfare and as a safeguard against greater evils, it is imperative, and in its adoption every possible effort will be made to better the condition and lengthen the lives of those who are segregated.

It is therefore ordered and decreed:
1. That there be established in the locality called Ypao, in the municipal district of Agana, a colony of lepers which shall be known as the “Tumon Colony,” having an area of about 12 hectares, suitable land for this purpose being condemned where necessary. In this colony shall be restrained all persons who, upon medical examination directed by the governor, shall prove to be lepers in the unanimous opinion of all the medical officers of the navy stationed in the island; without prejudice to the right of the interested party to present to the governor such defense as may be appropriate, and to the right of the governor to decide to the contrary or to annul restraint previously decreed, when there shall appear to be reasonable doubt of the disease being leprosy. In the event of the number of medical officers making the diagnosis being less than three, the governor shall make such temporary provision as may appear proper, waiting always until at least three doctors shall have formulated their opinion before definitively decreeing the restraint. All those restrained shall be supported by the government.

2. That the colony shall be under the administration of the Department of Health and Charities. A Superintendent shall be appointed by the government, who shall be a subordinate in the said department and whose duty it shall be to care for the growths of the colony and to observe and cause to be observed the laws and regulations referring to the said colony; he shall be respected and obeyed as a public functionary while in the exercise of his functions, and all the other public employees of the colony as well as all the inmates shall be under his orders.

3. That it shall be the duty of the Head of the Department of Health and Charities to inspect the colony once in each month, during which visits he shall invite all the inmates to prefer their requests or complaints; and such other professional visits shall be made as may be necessary for adequate treatment of the sick.

4. That such grounds as are enclosed within a boundary constructed of convenient and suitable material and bearing the sign “Tumon Colony” shall be recognized and considered as the said colony.

5. That the inmates shall be required to keep the grounds and buildings clean, and to conform to the internal regulations that shall have been approved by the governor of this island; but that apart from such police work, labor shall be voluntary and for the benefit of the person performing it. The ownership of the land and buildings of the colony shall remain in the government.

6. That every person restrained in the Tumon Colony shall be exempt from the payment of the personal tax during the entire period of such restraint.

7. That fishing by any method in the sea within the reef and within the limits defined by the colony is prohibited to all except the inmates of the colony, to whom is reserved the exclusive right to fish there.

8. That it is prohibited to remove from the colony, under any pretext, effects of any king without previous permission in writing signed by the Head of the Department of Health and Charities; and, in order to effect a more perfect observance of this prohibition, it is forbidden to introduce money within the limits of the colony the right being reserved to the inmates to deposit funds in such place and manner as may be prescribed by regulation. All money found within the colony shall be confiscated, and after being disinfected, shall be covered into the Treasury of this island.

9. That when the reclusion of a person shall have been decreed, that person shall not under any circumstance leave the colony except when the governor, for grave reasons, shall authorize it; and no person, not an inmate or connected with the colony shall enter the grounds without a written permit approved by the governor.

10. That it shall be the duty of the gobernadorcillos, tenientes and cabezas to inform the Government immediately of any person coming under their notice suffering from a disease suspected of being leprosy.

11. That there shall be published for public information on the first of every January and July, in the manner customary in this island, a complete list of all persons restrained; and that when the reclusion or the release of any person shall be decreed after one such semi-annual publication and before the next, such fact shall be published in the same manner.

12. That, it being necessary to provide means in the colony, as in all communities, for punishing those who may infringe the law, and with the object of preventing injury to the already impaired health of the inmates such as world result from incarceration, there shall be imposed upon them in place of the imprisonment provided by the penal code either as principal or alternative penalty, the punishment of carrying for an equal length of time a ball and chain of form and size to be fixed by regulation.

13. That in the fulfillment of their mission the Tribunals of Justice shall adopt necessary measures to prevent contagion, not holding court within the grounds of the colony when not necessary for the due administration of justice, nor taking the signatures of the inmates, nor incorporating with the records any writings or documents which, from their origin, might be infected, but obtaining true and literal copies for incorporation in place of the originals.

14. That any person, not an inmate of the colony, who fishes in the space reserved for the lepers as prescribed in Paragraph 7, shall be punished by a fine of 15 to 125 pesetas; and the Justice of the Peace of Agana shall be competent to try offenses cited in this paragraph.

15. That any person who enters the colony without the required permit, shall be punished by arresto mayor; and the Court of First Instance of this island shall be competent to try offenses cited in this paragraph.

16. That all persons who harbor, conceal or assist in the flight of any inmate, or who, knowing that such a one is without the colony, fail to give information thereof to a public official, shall be punished by arresto mayor; and the Justice of the Peace of Agana shall be competent to try offenses cited in this paragraph.

17. That inmates who infringe the regulations approved by the governor of this island for the administration of the colony, shall be punished by reprimand, or by a fine of 1 to 5 pesetas, or by 1 to 5 days of ball and chain; and the superintendent of the colony shall be competent to punish offenses cited in this paragraph, the right being reserved in every case to the offender to appeal to the governor against the penalty imposed by the superintendent.

18. That any inmate who goes beyond the limits of the colony without the requisite permission shall be punished by 10 to 20 days of ball and chain for the first infraction, and by 1 to 6 months for a repetition of the offense; and the governor shall be competent to have sole cognizance of offenses cited in this paragraph.

19. That any public official guilty of connivance in the escape from the colony of a person whose reclusion shall have been decreed by the governor of this island, shall be punished by arresto mayor; and the Court of First Instance shall be competent to try offenses cited in this paragraph.

20. That a superintendent or other public functionary of the colony guilty of negligence or malfeasance in the discharge of his duty, or of infraction of any regulation, shall be punished by a fine of 25 to 250 pesetas, unless he shall have infringed a provision of the Penal Code. The governor shall be competent to have sole cognizance of offenses the punishment of which is defined in this paragraph.

21. That a superintendent or other public functionary who solicits or has carnal knowledge of a woman restrained in the colony shall be punished by prison correcional in the middle and maximum grades; and the Court of First Instance shall be competent to try offenses cited in this paragraph.

22. That in all cases of competency of the governor of this island cited in the foregoing paragraphs he shall have the authority to delegate to any public official not subject to challenge, except members of the judiciary, the prosecution of inquiry, reserving always to himself the right to determine the guilt and award the punishment.

23. That this order shall go into effect on the first day of July 1902.

SEATON SCHROEDER, USN
Governor

No. 44

6 August 1902

General Order No. 44
It is hereby ordered and decreed:
1. That the civil courts shall have jurisdiction over all proceedings held in real estate surveys and the establishment of land marks; and that when the Insular Government is interested therein, the Office of the Public Prosecutor (Ministerio Fiscal), as its legal representative, shall be made a party thereto.

SEATON SCHROEDER, USN
Governor

No. 45

12 August 1902

General Order No. 45
A question having arisen during the prosecution of Criminal Cause No. 1 of this year pending in the Supreme Court of the Island of Guam, in which question it appears desirable to resolve certain doubts which have arisen regarding the constitution of the said court; and in conformity with that which has been ordered on this date:

1. That the existence of the Supreme Court of the Island of Guam is confirmed; and that as at present constituted it shall be, as it has been heretofore, competent to have cognizance of all matters which by law are in the jurisdiction of the Territorial Courts of Second Instance, (Presidencia and Salas of Audiencias Territoriales).

2. That all laws or parts of laws which conflict with the provisions of the preceding paragraph are annulled.

SEATON SCHROEDER, USN
Governor

No. 46

30 October 1902

General Order No. 46
In order to lessen the disastrous results of faulty methods of building, which were especially noticeable in the typhoon of November 13, 1900, and the earthquake of September 22 of this year:

It is hereby ordered and decreed:
1. That the construction, alteration, and repair of all classes of buildings owned by private individuals shall be in accordance with the regulations which may hereafter be established by the department of public works and approved by the governor of this island.

2. That whenever a building is altered or repaired in a manner, or on account of defects, which may materially affect its structural strength, or whenever a new building is erected a permit must be previously obtained from the Department of Public Works. For such permits no fee whatever shall be exacted or collected, and they shall not be refused as being unnecessary if asked for in writing.

3. That the Department of Public Works shall be charged with the supervision and inspection of all work of construction, alteration, and repair of buildings in all stages, and shall have the authority to order the work suspended until the regulations are complied with in cases of infraction thereof, and, when necessary, to order the work torn down in that part which violates the regulations or the provisions of this general order.

4. That a fine of 5 pesos, Mexican money, shall be imposed through executive channels on those who are guilty of infractions of Paragraph 2.

5. That the gobernadorcillos, tenientes, and cabezas de barangay shall be assistants to the Department of Public Works in the exercise of the authority conferred on said department by the present general order, and they shall obey all lawful orders issued to them by the head of the said department.

6. That the Head of the Department of Public Works shall have the power to institute injunction proceedings against dangerous property (interdictos de obra nueva u obra ruinosa) when, in his opinion, such proceedings give most adequate protection and security to the prejudiced interests of the community, it being the duty of the ministerio fiscal, as the legal representative of that department, to apply for such injunction whenever requested to do so.

7. That the present general order shall go into effect on the 10th day of November 1902.

SEATON SCHROEDER, USN
Governor

No. 47

12 December 1902

General Order No. 47
It is hereby ordered and decreed:
1. That the judicial authorities of this island shall be exempt from all civil and criminal responsibility for decisions rendered or other judicial proceedings held by them within their authority and jurisdiction unless bad faith or notorious and inexcusable negligence be proved; and they shall no be questioned against their will on matters bearing on the discharge of the functions.

2. That whenever proceedings shall not be held, or decisions rendered within the period prescribed by law, it shall be presumed to result from vis major unless bad faith or notorious and inexcusable negligence shall be roved, provided the delay is not caused by petitioner or litigant.

SEATON SCHROEDER, USN
Governor

No. 48

17 January 1903

General Order No. 48
It is hereby ordered and decreed:
1. That whenever a document shall purport to have originated in territory under the jurisdiction of the United States of America and to bear the signature and seal of a notary public or the seal of a court of justice and the signature of the judge or clerk thereof, said document shall be presumed to be authentic; provided that such presumption shall be deemed disputable and may be controverted by evidence.

2. That the Judge or the Clerk of the Court of First Instance shall be authorized to administer oaths for general purposes and to take acknowledgments of signatures of private persons in documents of all kinds; the original certificate of oath or acknowledgment shall be inserted in the document to which it refers, and, upon request therefore, in the English language. The fee for oath or acknowledgment, including certificate therefore, shall be seventy-five hundredths of a dollar Mexican.

3. That on petition of the interested party it shall be the duty of the Clerk of the Court of First Instance to issue a plain copy, without seal or signature, of the record of any judicial proceedings held on petition for possessory title to real property; the fee therefore shall be 1 1/2 dollars Mexican.

SEATON SCHROEDER, USN
Governor

To go back to the list of General Orders click here.