48 U.S.C. § 891 — Resident Commissioner; election

Page 71 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 891 No suit for the purpose of restraining the as- sessment or collection of any tax imposed by the laws of Puerto Rico shall be maintained in the United States District Court for the District of Puerto Rico. (Mar. 2, 1917, ch. 145, § 48, 39 Stat. 967; Mar. 4, 1927, ch. 503, § 7, 44 Stat. 1421; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION ‘‘United States District Court for the District of Puerto Rico’’ substituted in text for ‘‘District Court of the United States for Puerto Rico’’ in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial dis- trict a district court which shall be a court of record known as the United States District Court for the dis- trict’’ and section 119 of Title 28 which states that ‘‘Puerto Rico constitutes one judicial district’’. AMENDMENTS 1927—Act Mar. 4, 1927, added second paragraph. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 873. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320 Section, acts Mar. 2, 1917, ch. 145, § 49, 39 Stat. 967; May 17, 1932, ch. 190, 47 Stat. 158, related to appoint- ment of judges, marshals and secretaries. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 25, 1952, see note set out under section 732 of this title. § 873a. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 Section, act Feb. 12, 1940, ch. 25, § 1, 54 Stat. 22, which related to rules governing civil cases. See section 2072 of Title 28, Judiciary and Judicial Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note pre- ceding section 1 of Title 28, Judiciary and Judicial Pro- cedure. § 874. Judicial process; officials to be citizens of United States; oath All judicial process shall run in the name of ‘‘United States of America, ss, the President of the United States’’, and all penal or criminal prosecutions in the local courts shall be con- ducted in the name and by the authority of ‘‘The People of Puerto Rico.’’ All officials shall be citizens of the United States, and, before enter- ing upon the duties of their respective offices, shall take an oath to support the Constitution of the United States and the laws of Puerto Rico. (Mar. 2, 1917, ch. 145, § 10, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Apr. 12, 1900, ch. 191, § 16, 31 Stat. 81. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. §§ 875, 876. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 Section 875, act Mar. 2, 1917, ch. 145, § 55, 39 Stat. 968, related to continuation of court’s jurisdiction. Section 876, act Jan. 7, 1913, ch. 6, 37 Stat. 648, related to temporary judge. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note pre- ceding section 1 of Title 28, Judiciary and Judicial Pro- cedure. SUBCHAPTER V—RESIDENT COMMISSIONER § 891. Resident Commissioner; election The qualified electors of Puerto Rico shall choose a Resident Commissioner to the United States at each general election, whose term of office shall be four years from the 3d of January following such general election, and who shall be entitled to receive official recognition as such commissioner by all of the departments of the Government of the United States, upon pres- entation, through the Department of State, of a certificate of election of the Governor of Puerto Rico. (Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158; June 5, 1934, ch. 390, § 5, 48 Stat. 879.) Editorial Notes CODIFICATION Section is comprised of second sentence of section 36 of act Mar. 2, 1917. The first sentence of section 36, pro- viding for election of a Resident Commissioner to the United States at the next general election for a term commencing with date of issuance of certificate of elec- tion and terminating Mar. 4, 1921, was omitted. Parts of the third and fourth sentences of section 36 are classi- fied to section 893 of this title. The other part of the third sentence of section 36, which fixed the salary of the commissioner at $7,500 per annum, was superseded by act Feb. 26, 1907, ch. 1635, § 4, 34 Stat. 993, as amended by act Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301. See Prior Provisions note under section 31 of Title 2, The Con- gress. The other part of the fourth sentence of section 36, which allowed the commissioner $500 as mileage, was classified to former section 46 of Title 2 and was omitted from the Code as superseded by former section 43b–1 of Title 2. The fifth and sixth sentences of section 36 are classified to section 892 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Apr. 12, 1900, ch. 191, § 39, 31 Stat. 86. The salary allowed by section 39 of act Apr. 12, 1900, was increased by act Feb. 26, 1907, ch. 1635, § 4, 34 Stat. 993. Page 72 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 892 The resident commissioner was allowed traveling ex- penses in addition to his salary, and the commence- ment of his term was fixed by act July 1, 1902, ch. 1383, § 3, 32 Stat. 732. The manner of paying the salary and traveling ex- penses of the resident commissioner was fixed by a pro- vision of act June 22, 1906, ch. 3514, § 1, 34 Stat. 417. AMENDMENTS 1934—Act June 5, 1934, changed commencement of term of office from Mar. 4 to Jan. 3 following the gen- eral election. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 892. Qualifications of Commissioner; appoint- ment to fill vacancy No person shall be eligible to election as Resi- dent Commissioner who is not a bona fide cit- izen of the United States and who is not more than twenty-five years of age, and who does not read and write the English language. In case of a vacancy in the office of Resident Commis- sioner by death, resignation, or otherwise, the governor, by and with the advice and consent of the senate, shall appoint a Resident Commis- sioner to fill the vacancy, who shall serve until the next general election and until his successor is elected and qualified. (Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963.) Editorial Notes CODIFICATION Section is comprised of fifth and sixth sentences of section 36 of act Mar. 2, 1917. For classification of the remainder of section 36, see Codification note set out under section 891 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Apr. 12, 1900, ch. 191, § 39, 31 Stat. 86. § 893. Salary of Commissioner; allowances; frank- ing privilege The Resident Commissioner shall receive a salary payable monthly by the United States. He shall be allowed the same sum for stationery and for the pay of necessary clerk hire as is al- lowed Members of the House of Representatives of the United States. He shall be allowed the franking privilege granted Members of Congress. (Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963; Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301.) Editorial Notes CODIFICATION Section is comprised of parts of third and fourth sen- tences of section 36 of act Mar. 2, 1917. For classifica- tion of the remainder of section 36, see Codification note set out under section 891 of this title. § 894. Salary and traveling expenses; payment The salary and traveling expenses of the Resi- dent Commissioner from Puerto Rico to the United States shall be paid by the Chief Admin- istrative Officer of the House of Representatives in the same manner as the salaries of the mem- bers of the House of Representatives are paid. (June 22, 1906, ch. 3514, § 1, 34 Stat. 417; May 17, 1932, ch. 190, 47 Stat. 158; Pub. L. 104–186, title II, § 224(1), Aug. 20, 1996, 110 Stat. 1752.) Editorial Notes CODIFICATION Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. AMENDMENTS 1996—Pub. L. 104–186 substituted ‘‘Chief Administra- tive Officer’’ for ‘‘Sergeant-at-Arms’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. SUBCHAPTER VI—SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS § 910. Slum clearance and urban redevelopment and renewal projects; powers of government The government of Puerto Rico acting through its legislature, may create a public cor- porate authority or authorities and may author- ize such authority or authorities or any other public corporate authority or any municipal corporation or political subdivision, acting di- rectly or through any officer or agency thereof or through a public corporate authority, to un- dertake slum clearance and urban redevelop- ment projects and urban renewal projects and to do all things, exercise any and all powers, and to assume and fulfill any and all obligations, du- ties, responsibilities, and requirements, includ- ing but not limited to those relating to planning and zoning, necessary or desirable for receiving Federal assistance under title I of the Housing Act of 1949 (Public Law 171, Eighty-first Con- gress), as amended [42 U.S.C. 1450 et seq.], or any other law, except that public corporate authori- ties (as distinct from municipalities or political subdivisions) created or authorized to operate in accordance with this Act, as amended, shall not be given any power of taxation or any power to pledge the full faith and credit of the people of the Territory, or municipality, or political sub- division, as the case may be, for any loan what- ever. The Legislature of Puerto Rico may, with respect to any public corporate authority or au- thorities empowered or which may be empow- ered to undertake slum clearance and urban re- development projects and urban renewal projects, provide for the appointment and terms of office of the members thereof, and for the powers of such authorities, including authority to accept whatever benefits the Federal Govern- ment may make available for slum clearance and urban redevelopment projects and urban re- newal projects, and authority, notwithstanding any other Federal law, to borrow money and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the respective legislatures