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would like for Dr. Pasvolsky to tell us just in a few words about the importance of that, and what the functions are, that is, the functions of the Trusteeship Council.

What is it, and what does it do?

Mr. PASVOLSKY. The Trusteeship Council is something that is set up by the Assembly for the purpose of assisting the Assembly in carrying out its functions in the matter of international trusteeship. Mr. JOHNSON. How many members does it have on it?

Mr. PASVOLSKY. Let me go back just one step. The idea is that there will be certain territories which have no political independence, and which will have to be therefore in a sense under a tutelage of the nations themselves, or the member states, of this organization. Now, in order

Mr. JOHNSON. I do not know that I get that statement.

Chairman BLOOM. Just explain, Doctor. When you say that they do not have political independence-now there are certain places and certain islands that do not have political independence that will go into the Trusteeship Council.

SOURCES AND TYPES OF TRUST TERRITORIES

Mr. PASVOLSKY. After the last war certain territories were taken away from Germany and Turkey and were mandated under the authority of the League of Nations. Now, those territories are still in existence, and they still have to be under the authority of an international body. Now there will be territories taken away from Germany and Italy and Japan in this case, particularly Italy and Japan, which will be put presumably under the same sort of an arrangement. Then some countries may wish to put some of their colonies under the same sort of a system.

Now, out of those three categories, there will be a number of territories which will have to be administered under international auspices. Now, each territory will be put under this system by an agreement which will be negotiated between the countries concerned with those territories and the international organization.

Now, there are going to be two types of territories. A territory in which there are strategic factors involved, and in that casein the case of those territories, say strategic islands or something like that-the arrangement will be between the countries concerned and the Security Council. Then there will be territories in which there will be no strategic considerations involved, and those territories will be placed under trusteeship by an arrangement between the countries concerned and the General Assembly.

Well, now, the Trusteeship Council was created with a purpose of assisting the Assembly in performing its functions with respect to this trusteeship matter. Now, the actual operations and the actual powers of the Trusteeship Council are defined in, I think, chapter 13 of the charter, and I might just as well go into that now.

RELATION TO LEAGUE OF NATIONS MANDATE SYSTEM

Chairman BLOOM. Doctor, do you not think that it would be advisable in explaining this to show what we did in taking over the League

of Nations, because all of these mandated islands and things that the League of Nations has transferred to the United Nations there is no more League of Nations-so that the Trusteeship Council will take jurisdiction over the places transferred by the League of Nations.

Mr. PASVOLSKY. The transfer has not as yet taken place, but when the transfer takes place, the assumption on which we are operating here is that territories which were held under mandate will be transferred, that is, the rights of the League of Nations will be transferred to the organization. They will be transferred to the Assembly in so far as no strategic considerations are involved. They will be transferred to the Security Council in so far as strategic considerations are involved.

Mr. JOHNSON. Let me see if I understand it correctly.

As I understand, this Trusteeship Council will have jurisdiction of certain countries, islands or possessions that heretofore, at the end of the last war, we mandated to certain countries. Now, is this to take the place, entirely supplanting the question of mandating, will it be referred to this Trusteeship Council, or will there still be some mandated countries or mandated possessions to certain countries?

Does this supplement or does it take over the entire field?

Mr. PASVOLSKY. This takes over the system, the whole system, and whether the mandatory will be the same country as it was a mandatory of before or whether it will be some other country or a group of countries, or whether it will be the whole organization, will be determined by a special agreement which will be negotiated first by the countries involved, including the mandatory.

Mr. JOHNSON. I think that I understand.

U.N. CHARTER ARTICLES 87 AND 88

Mr. PASVOLSKY. And the functions of the Trusteeship Council as stated in article 87 are as follows:

The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering authority;

c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and

d. take these and other actions in conformity with the terms of the trusteeship agreements.

That is the part that I mentioned.

[Further, in article 88 of the charter, it is provided that:]

The Trusteeship Council shall formulate a questionnaire on the political, economic, social and educational advancement of the inhabitants of each trust territory and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

Now, those are the functions of the Council. As I said before, the five permanent members of the Security Council will have permanent seats on the Trusteeship Council. In addition to that, the membership of the Council will consist of all of the countries which accept the obligations of being an administering authority for a territory. Then there is a complicated provision that there will always be an equal

number of states on the Council, states that administer territories and states which do not administer territories.

OKINAWA

Mr. JARMAN. Doctor, would it be reasonable to assume that Okinawa would be turned over to the Security Council, whereas some little, unimportant, unstrategic island would go to somebody else, the Assembly?

Mr. PASVOLSKY. Nothing will be turned over to the Assembly or the Security Council except by agreement of the countries which are concerned.

Mr. JARMAN. In that case of Okinawa, who would be the countries involved?

Mr. PASVOLSKY. In the case of Okinawa, the countries concerned will have to be determined in the final analysis by the peact treaty. In the case of the mandated territories, there were 14 or 15 countries at war with Germany and Turkey, but by the terms of the Treaty of Peace, the title to the territories which were placed under mandate was invested in the principal Allied and Associated Powers, which at that time meant the United States, Great Britain, France, Italy, and Japan. So, the countries directly concerned with the mandated territories are the three remaining principal Allied and Associated Powers, because Italy and Japan of course give up their rights, and that means the United States, Britain, and France, and in the case of each territory the mandatory. Now, that means that in the case where the mandate is held by Britain or France, only those three countries are concerned, Britain, France, and the United States. In the case where Belgium administers the territory, Belgium is added to the list. In the case where South Africa administers, South Africa is added.

PALESTINE

Chairman BLOOM. I do not want to bring up this question for argument, but here you have a Palestine Mandate, and now that is under Great Britain exclusively. Now, I would like to have you explain what would happen to that mandate as far as the Trusteeship Council is concerned.

Mr. PASVOLSKY. Since Britain is the mandatory in Palestine, the countries directly concerned under the terms of the Treaty of Versailles would be Britain, the United States, and France, as the three remaining principal Allied and Associated Powers. Now, before the mandate is turned over to the new organization, these three countries must reach an agreement among themselves on the kind of trust system they will establish in Palestine, and who will be the administering authority, and under what terms would Palestine be administered; whether or not, for example, certain parts of it might have to be segregated as strategic areas, and in that case, how would those areas be administered.

After the three countries have negotiated among themselves this agreement, then they go to the organization and obtain the approval of the organization for that agreement, because they then conclude an agreement with the organization, and only after that is done, does the

organization acquire any powers that are provided for her, and then the organization acquires powers only in conformity with the agreement that has previously been negotiated.

DEGREES OF TRUSTEESHIP STATUS

Chairman BLOOM. There are different degrees of trusteeship, too. Mr. PASVOLSKY. There would have to be different methods of administering a territory, because some territories are nearer to the case where they can be independent, where trusteeship can be terminated, and some territories are at the other extreme, or some are very near to that point, where there is no likelihood for their becoming independent in the visible future.

Mr. JARMAN. I have no other questions along that line, if anyone wants to complete that. If not, I would like to have the indulgence of the committee just at the moment, without interruption, if I may.

DUAL OFFICE HOLDING

I want to refer to the conversation last Friday. There was a good deal of discussion about this section of the law, rather than the Constitution,. and incidentally I am not discussing the constitutional phase, but just this law:

No person who holds an office, the salary or annual compensation attached to which amounts to the sum of $2,500, shall be appointed to or hold any other office to which compensation is attached, unless specifically authorized thereto by law.

Now, I believe that this bill introduced in the House [H.R. 4618], subsection (d) of section 2, would take care of that law by specifically authorizing the appointment of a Member of the Senate or House, and therefore remove that inhibition which I spoke of, preventing a Member of the House being appointed 25 years from now.

Now somebody asked Mr. Morgan a while ago if he knew any way in which this bill could be amended wherein a Member of the House or the Senate could be appointed in other than a substitute capacity, and I believe that he replied that he did. I will ask the clerk to read subsection (d) of section 2.

Mr. RICHARDS. That is the House bill, is it?

Mr. JARMAN. That is right, the House bill, and of course that section. could be substituted for a section in the Senate bill. That is page 21, line 2, of the House bill. That is, line 21, page 2, of the House bill; there is no page 21.

Mr. CRAWFORD [committee clerk]. That is subsection 2(d), H.R. 4618 [reading]:

The President may also appoint from time to time such other persons as he may deem necessary to represent the United States in the organs and agencies of the United Nations at such salaries, not to exceed $12.000.00 each per annum, as he shall determine: Provided, That the advice and consent of the Senate shall be required for the appointment of any person to represent the United States in the Economic and Social Council or in the Trusteeship Council of the United Nations if the person so appointed is not at the time of such appointment a Member of the Senate or the House of Representatives of the United States or an officer of the United States who shall have been appointed by and with the consent of the Senate.

4 The text of H.R. 4618 was identical to that of S. 1580. See appendix IV, p. 290.

AMENDMENT ON CONGRESSIONAL SALARY QUESTION

Mr. JARMAN. Now, with the addition of a comma, "in which event he shall receive no salary other than the salary of his office"-that is, in Congress or as a member of the State Department-would render that salary end of it. I do not know whether that would take care of the constitutional provision.

Chairman BLOOм. Mr. Morgan, I thought that you told me Saturday that your amendment would take care of just that point that Mr. Jarman brings up, is that not right?

REGULAR OR SUBSTITUTE STATUS FOR MEMBER-DELEGATES?

Mr. MORGAN. It provides that the Member of the Senate or House serves on the Trusteeship Council or the Social and Economic Council without additional compensation, but I take it that the question that Mr. Ryter brought up was whether, in addition to permitting a Member of the Senate or House to serve as a substitute for the regular members at specified meetings, you want, as a matter of policy, to go further and permit a Member of the Senate or House to be appointed as the regular representative of the United States on the Trusteeship Council and on the Social and Economic Council.

Chairman BLOOM. Answering Mr. Jarman's question, that is provided for.

Mr. MORGAN. The latter is not provided for in this amendment. Mr. JARMAN. It provides for the action in a substitute capacity, whereas my suggestion would provide for either a substitute or principal capacity. Now here is a matter of policy, two matters of policy that might be involved: I can understand Mr. Morgan's question, whether as a matter of policy it should be provided that a Member of the House or Senate should serve in a position which might require so much of his time, and I doubt whether that is good policy. On the other hand, I also doubt whether it is particularly good policy to advertise the eligibility of a Member of the Senate and House to serve only in a substitute capacity.

Chairman BLOOM. May I say this-I may be confused-but I think that Mr. Morgan said that according to his amendment, he may serve as a delegate, but he does not serve as a substitute.

Mr. JARMAN. It is just the reverse of that.

Mr. MORGAN. He can serve as the representative at a particular meeting in lieu of the regular representative.

Mr. PASVOLSKY. Mr. Chairman, I think Mr. Morgan would agree that this could be so fixed up as to make it clear that he could serve as the actual representative.

Chairman BLOOM. That is what you wanted?

Mr. JARMAN. It would be fixed up by that suggestion of mine. Now, as I say, there are two questions of policy there that I think this committee should decide. I am not committed to that, but I believe that is an avenue of approach. I am not committed to the idea that we ought to approve for a Congressman or a Senator to serve on another fulltime job, whether he got any salary or not, and yet I am certainly not committed to the idea yet that we ought to advertise the fact that

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