COMPLETE INDEPENDENCE OF THE PHILIPPINE ISLANDS TUESDAY, FEBRUARY 28, 1939 UNITED STATES SENATE, COMMITTEE ON TERRITORIES AND INSULAR AFFAIRS, Washington, D. C. The committee met, pursuant to adjournment, at 10:30 a. m. in room 357, Senate Office Building, Senator Pittman (presiding). Present: Senators Pittman and Miller. Senator PITTMAN: The committee will come to order. STATEMENT OF LUIS Q. SARMIENTO, GENERAL COUNSEL, THE Mr. SARMIENTO. My name is Luis Q. Sarmiento. I am a member of the Missouri bar. Prior to my coming to Washington 3 months ago I lived in Kansas City where I practiced law for the last 9 years. During the first national convention of the Filipino League, held in Chicago last summer, I was elected general counsel and for that purpose I came to Washington. I am practicing law at the Earle Building in this District. I appear here in behalf of the Filipino League. At the outset I should like to make it perfectly clear that the Filipino League is a nonprofit organization. Its prime purpose is to promote the welfare of Filipino residents in the United States of America and the Territories of Hawaii and Alaska. I appear before this committee in behalf of more than 5,000 Filipino seamen and their families, who, by reason of the changed relationships between the United States and the Philippine Islands are today facing starvation. I have reference to the Merchant Marine Act of 1936 which limits alien members of the crew of any Government subsidized vessels to 20 percent, to be reduced 5 percent per year until the maximum of 10 percent is reached. The framers of the bill S. 1028, which lies before you, in their efforts to ameliorate the plight of my people in this country, saw fit to embody in section 8, subdivision 4 (d), on page 19, beginning line 4, as follows: Pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands, except as otherwise provided by this act, citizens and corporations of the Philippine Islands shall enjoy in the United States and all places subject to its jurisdiction, all rights and privileges which they respectively shall have enjoyed therein under the laws of the United States in force at the time of the inauguration of the government of the Commonwealth of the Philippine Islands. This provision in my judgment, gentlemen of this committee, in my opinion does not go into the core of the problems of these Filipino seamen who know of no other way of making a living. The Merchant Marine Act of 1936, H. R. 8555, section 302 (b), provides: * * and no less than 80 percent of the crew (crew including all employees of the ship other than officers) shall be citizens of the United States, native born or completely naturalized, and thereafter the percentage of citizens, as above defined, shall be increased 5 percent per annum until 90 percent of the entire crew, including all licensed officers of any such vessel, shall be citizens of the United States, native born or completely naturalized. (c) Any member of the crew, not required by this section to be a citizen of the United States, may be an alien if he is in possession of a valid declaration of intention to become a citizen of the United States, or other evidence of legal admission to the United States for permanent residence. Unfortunately, gentlemen of this committee, your naturalization laws do not permit Filipinos to become naturalized, they being neither "free white persons nor persons of African nativity or descent." Most of these Filipino seamen had intermarried and have children who are American citizens and who must be sent to school. I am well aware of the American sense of justice, having lived in this country almost 20 years. I am positive that at the time the Merchant Marine Act was passed, Congress did not have in mind to exclude from the merchant-marine service, Filipinos with excellent records for efficiency and loyalty. Had there been any protest on the part of the then Resident Commissioner of the Philippine Islands to the United States, as in other bills affecting Filipinos in the Government service, adequate provision would have been made. I would like to have it perfectly understood by the gentlemen of this committee, as well as the high government officials of the Philippine Islands, that I am not being paid nor have I been paid for all the work I have done for my people in this country, nor any contribution of any kind has ever been made to the Filipino League for this work. I am appearing here simply because I feel that it is my duty to comply with the resolution adopted at the first national convention of the Filipino League held in Chicago last summer, to work for the reinstatement of our destitute Filipino seamen. These men do not want charity, they want an opportunity to earn an honest living so that they can feed, clothe, and send their children to school. Therefore, gentlemen of this committee, if I would not be asking too much I would like to just insert a phrase at the end of subdivision 4 (d) which in my opinion would offset the citizenship requirement of the Merchant Marine Act of 1936 insofar as Filipino seamen are concerned. This, I believe, would spell happiness to the 5,000 destitute seamen and their families temporarily at least. So that section 8, subdivision 4 (d) as amended shall read asfollows: Pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands, except as otherwise provided by this act, citizens and corporations of the Philippine Islands shall enjoy in the United States and all places subject to its jurisdiction, all rights and privileges which they respectively shall have enjoyed therein under the laws of the United States in force at the time of the inauguration of the Government of the Commonwealth of the Philippine Islands, all laws to the contrary notwithstanding. If in your opinion the amendment as submitted does not solve the problems of these unfortunate brothers of mine, I trust that you will provide ways and means whereby the Merchant Marine Act would be amended so that Filipino seamen employed in the merchantmarine service prior to the acceptance of the Tydings-McDuffie Act shall not be classified as aliens under the terms of the Merchant Marine Act. During yesterday's discussions the question of citizenship of Filipinos in this country was brought up. This is one of the objectives of the league. In fact, we have adopted a citizenship bill, arrangements for the introduction of which in the House have been made. But if citizenship of Filipinos could be incorporated in the bill before you, S. 1028, well and good. It has been my good fortune to have traveled this country clear from Alaska to the coast of Maine and the southern part of California. Only last summer I was in Stockton. The treatment of Filipinos in most of those places has been miserable. In fact, the lower strata of the American people receive better treatment than my countrymen simply because of their citizenship, they being not able to participate in local politics or elections. There are approximately from fifty to seventy-five thousand Filipinos in the continental United States. After May 1, 1934, only 50 Filipinos are to be allowed each year to the United States. So that, if citizenship is extended to the Filipinos who have resided in this country prior to the acceptance of the Tydings-McDuffie Act, you shall have extended that to less than 50,000 Filipinos-that is, if they all want to become citizens. Taking the figures of the American experience table of mortality, and striking the average age of Filipinos in this country at 30, at the end of 35 years the Filipino population in this country shall be nil. So that, gentlemen of this committee, should you decide to extend citizenship to Filipinos who have resided in this country prior to the acceptance of the Tydings-McDuffie Act, I am sure that you shall not have made a mistake. My time is up. I don't want to abuse the privilege granted me, and what remains in my prepared statement I suggest be inserted physically in the record. Senator PITTMAN. It may be incorporated. (The remainder of the statement referred to is as follows:) FIRST ANNUAL CONVENTION OF THE FILIPINO LEAGUE, INC., HELD IN CHICAGO, JULY 29, 30, 31, 1938, AT THE LAWSON Y. M. C. A. THE DELEGATES Washington, D. C.: Mr. Gregorio R. Quijano, Mr. Maximiano M. Villareal, Mr. Francisco Solis, Mr. Simplicio Reyes, Mr. Emilio Butuyan. New Orleans, La.: Mr. Frank Reyes, Mr. Augustin Prado, Mr. Benjamin Pena. Kansas City, Mo.: Mr. Luis Q. Sarmiento, Mr. Hildo Lagaso. Baltimore, Md.: Mr. Francisco Cruz. Philadelphia, Pa.: Mr. Felix Molina. New York City: Mr. George Almarez. Chicago, Ill.: Mr. George Jacob, Mr. B. Moreno, Mr. Juan Abriam, Mr. Perfecto Manais, Mr. Ray Fagilan, Mr. Cerilo Acosta. REPORT OF THE COMMITTEE ON POLICIES AND LEGISLATION Inasmuch as the Filipino-seaman question in the United States is one of the biggest problems of the league, we recommend to this convention the adoption of the following: 1. Adopt a resolution to be presented to the Attorney General, the Maritime Commission, and other proper authorities seeking an executive ruling or amendment to the Merchant Marine Act whereby the 5,000 Filipino seamen, a majority of whom had been inactive since they were deprived of their employment on board of such vessels in the United States merchant marine, of whom these Filipino seamen were instrumental in building. This act deprived more than 5,000 Filipinos and their families of their only means of livelihood. A favorable ruling would reinstate these seamen to their jobs until the complete relnquishment of the United States sovereignty over the Philippine Islands. 2. The Filipino League shall continue to work for the citizenship of Filipinos who have resided in this country prior to May 1, 1934. 3. The Filipino League shall endeavor to work with other organizations of Filipinos employed in the Federal Government or any other group engaged in different trades so that they may be accorded the same rights and privileges as American citizens. 4. The Filipino League shall attempt to protest against social discrimination of Filipinos in the United States and the Territories of Hawaii and Alaska. 5. The Filipino League shall continue to cooperate or seek cooperation, first, with the Resident Commissioner of the Philippine Islands to the United States; second, with any Filipino organization existing in the United States and its territories for complete harmony and mutual cooperation in all the league's undertakings in its attempt to solve the difficulties and problems confronting the interest and welfare of Filipinos in the United States and its territories, but in no case will the Filipino League give up its distinct identity. NATIONAL OFFICERS OF THE FILIPINO LEAGUE General director, Dr. Eugenio M. Fonbuena; executive secretary, Mr. Juan R. Quijano; general counsel, Mr. Luis Q. Sarmiento; treasurer, Mr. Gregorio Umali. Directors: Mr. Felix Molina, Mr. Frank Reyes, Mr. George Jacob, Mr. Domingo T. Duga. Senator PITTMAN. Have you prepared the amendment which you desire, in the proper form? Mr. SARMIENTO. I have it there in my statement. Senator PITTMAN. At this point the Chair will read a bill proposed on behalf of the American teachers retired from the Philippine service under the provisions of Act 3050 of the Philippine Assembly. A statement has been prepared by Mr. Clark J. Milliron, an attorney of Los Angeles, Calif. I will simply ask that this statement be put in the record. At this time, however, I will read the proposed amendment which is not very long: Insert on page 12, after paragraph (g) (5) ending with the word "Philippines" on line 17, a new paragraph reading as follows: "(g) (6) Notwithstanding anything in this act to the contrary, before July 3, 1946, the Secretary of the Treasury of the United States, and the Secretary of War of the United States shall determine what amount shall be necessary for the fulfillment of the obligations of the Philippine government on its insurance annuity contracts with American employees retired from the Philippine government prior to November 15, 1936, and the Philippine government shall thereupon and prior to said July 3, 1946, pay to the Secretary of War of the United States the amount so determined to be held by him as a trust fund for the payment of all annuities then delinquent or unpaid or that may thereafter accrue to said retired American employees, and the Secretary of War is hereby directed thereafter to make all payments due to said retired American employees directly." Senator PITTMAN. After that there will appear in the record the statement which I just referred to and which I now hand over to the reporter. (The document referred to is as follows:) STATEMENT OF CLARK J. MILLIRON, ATTORNEY, OF LOS ANGELES, CALIF., BEFORE THE SENATE COMMITTEE ON TERRITORIES AND INSULAR AFFAIRS ON SENATE BILL 1028 Mr. Chairman, I appear specifically on behalf of the American teachers who retired from the Philippine service after from 20 to 30 years' service, under insurance annuity contracts with the government of the Philippine Islands, which were purchased by payments of cash and services. These teachers' rights have been violated, and the funds accumulated for their protection confiscated by the Philippine Commonwealth. These teachers retired under the provisions of Act 3050 of the Philippine Legislature. I appear at the request of the committee representing these American teachers; the Philippine Society of Southern California; and the Pan Pacific Association for Mutual Understanding, of Los Angeles, Calif., to present a proposed amendment to Senate bill 1028, and to petition your consideration of the legal and moral rights of these retired annuitants. Incidentally, a few American employees of the bureau of health and the Philippine Constabulary are similarly situated. On March 1, 1922, the Philippine Legislature passed Act 3050, which provided that there should be deducted and withheld 3 percent of the salary of all eligible teachers and that a similar amount should be appropriated by the government, and that these two sums, together with any savings made on teachers' salaries, fines, leave without pay, or unfilled positions, should be paid into a fund; that after certain specified periods of service not less than 20 years, the teachers who had paid sums into this fund should be "automatically insured" and should be eligible for "retirement on an annuity." Under this act there was deducted from the salaries of these teachers the amounts provided by the act, which amounts were paid into a fund called the "teachers' retirement and disability fund", together with a portion only of the amounts provided by said act to be paid into this fund by the Government of the Philippine Islands. Thereafter, a number of the teachers who were subscribers to said fund were retired on their insurance annuity. On November 14, 1936, the first National Assembly of the Commonwealth of the Philippines enacted Acts 186 and 187, providing for the liquidation of the fund established under Act 3050, and that said fund should be turned over to a new board authorized to use said fund for the benefit of employees of the Philippine government indiscriminately. At the time these acts were enacted there were 64 American teachers who had retired under the provisions of Act 3050. At the same time, there were passed other acts of similar import, authorizing the liquidation of similar funds created for the benefit of the bureau of health and of the Philippine Constabulary. There were also at this time 6 employees of the bureau of health and 15 employees of the Philippine Constabulary who had retired under the provisions of other prior acts affecting those bureaus, making a total of 85 American employees of the Philippine Government who had retired under contracts for which these employees had subscribed various amounts from their salary. These contracts of these retired American employees were contracts which could not be abrogated by the legislature of the Philippines. They also were contracts made by the government of the Philippine Islands by the authority of the Congress of the United States, since all their acts were by such authority, and were contracts for which the Government of the United States is directly responsible. These retired Americans are now in great number dependent entirely upon their annuities for their support, and it is believed that the Congress of the United States, on being informed of the facts, will not permit their rights to be violated. They should not be left to their remedy in the courts, for in the case of the vast majority, it would be a burden which they could not financially carry. Senate bill 1028 provides for the creation of a trust fund for the payment of all bonds of the Philippine Government issued prior to May 1, 1934 (S. 1028, |