Chapter 339. To provide a government for the Territory of Hawaii
11,848 words·~54 min read·
/statutes-at-large/vol-31/chapter-339-807433·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 339.— An Act To provide a government for the Territory of Hawaii. April 30, 1900. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Hawaii. Provisions for government of. Chapter I.—General Provisions. General provisions. definitions. Definitions. Sec. 1. That the phrase “the laws of Hawaii,” as used in this Act —“laws of Hawaii.” without qualifying words, shall mean the constitution and laws of the Republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninety-eight, at the time of the transfer of the sovereignty of the Hawaiian Islands to the United States of America.
The constitution and statute laws of the Republic of Hawaii then in “Civil laws,” etc. force, set forth in a compilation made by Sidney M. Ballou under the authority of the legislature, and published in two volumes entitled “Civil Laws” and “Penal Laws,” respectively, and in the Session Laws of the Legislature for the session of eighteen hundred and ninety-eight, are referred to in this Act as “Civil Laws,” “Penal Laws,” and “Session Laws.” territory of hawaii. Sec. 2. That the islands acquired by the United States of America Name of annexed territory.
Vol. 30, p. 750. under an Act of Congress entitled “Joint resolution to provide for annexing the Hawaiian Islands to the United States,” approved July seventh, eighteen hundred and ninety-eight, shall be known as the Territory of Hawaii. government of the territory of hawaii. Sec. 3. That a Territorial government is hereby established over Government. the said Territory, with its capital at Honolulu, on the island of Oahu. citizenship. Sec. 4. That all persons who were citizens of the Republic of Citizenship.
Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. application of the laws of the united states.
Sec. 5. That the Constitution, and, except as herein otherwise provided, Application of Federal laws. all the laws of the United States which are not locally inappli-142cable, shall have the same force and effect within the said Territory as *Proviso*. Submission of territorial laws to Congress. Limitation on right of religious corporations to hold real estate. [R. S., secs, 1850–1890, pp. 327–333](/us/rs/s1850–1890/pp327–333). elsewhere in the United States: *Provided*, That sections eighteen hundred and fifty and eighteen hundred and ninety of the Revised Statutes of the United States shall not apply to the Territory of Hawaii. laws of hawaii.
Sec. 6. Existing laws continued in force. That the laws of Hawaii not inconsistent with the Constitution or laws of the United States or the provisions of this Act shall continue in force, subject to repeal or amendment by the legislature of Hawaii or the Congress of the United States. Sec. 7. Existing laws repealed. That the constitution of the Republic of Hawaii and the laws of Hawaii, as set forth in the following acts, chapters, and sections of the civil laws, penal laws, and session laws, and relating to the following subjects, are hereby repealed: —civil laws.
Civil Laws: Sections two and three, Promulgation of laws; chapter five, Flag and seal; sections thirty to thirty-three, inclusive, Tenders for supplies; chapter seven, Minister of foreign affairs; chapter eight, Diplomatic and consular agents; sections one hundred and thirty-four and one hundred and thirty-five, National museum; chapter twelve, Education of Hawaiian youths abroad; sections one hundred and fifty to one hundred and fifty-six, inclusive, Aid to board of education; chapter fourteen, Minister of the interior; sections one hundred and sixty-six to one hundred and sixty-eight, inclusive, one hundred and seventy-four and one hundred and seventy-five, Government lands; section one hundred and ninety, Board of commissioners of public lands; section four hundred and twenty-four, Bureau of agriculture and forestry; chapter thirty-one, Agriculture and manufactures; chapter thirty-two, Ramie; chapter thirty-three, Taro flour; chapter thirty-four, Development of resources; chapter thirty-five, Agriculture; section four hundred and seventy-seven, Brands; chapter thirty-seven, Patents; chapter thirty-eight, Copyrights; sections five hundred and fifty-six and five hundred and fifty-seven, Railroad subsidy; chapter forty-seven, Pacific cable; chapter forty-eight, Hospitals; chapter fifty-one, Coins and currency; chapter fifty-four, Consolidation of public debt; chapter fifty-six, Post-office; chapter fifty-seven, Exemptions from postage; chapter fifty-eight, Postal savings banks; chapter sixty-five, Import duties; chapter sixty-six, Imports; chapter sixty-seven, Ports of entry and collection districts; chapter sixty-eight, Collectors; chapter sixty-nine, Registry of vessels; section one thousand and eleven, Custom-house charges; section eleven hundred and two, Elections; section eleven hundred and thirty-two, Appointment of magistrate; last clause of first subdivision and fifth subdivision of section eleven hundred and forty-four, first subdivision of section eleven hundred and forty-five, Jurisdiction; sections eleven hundred and seventy-three to eleven hundred and seventy-eight, inclusive, Translation of decisions; section eleven hundred and eighty-eight, Clerks of court; sections thirteen hundred and twenty-nine, thirteen hundred and thirty-one, thirteen hundred and thirty-two, thirteen hundred and forty-seven to thirteen hundred and fifty-four, inclusive, Juries; sections fifteen hundred and nine to fifteen hundred and fourteen, inclusive, Maritime matters; chapter one hundred and two, Naturalization; section sixteen hundred and seventy-eight, Habeas corpus; chapter one hundred and eight, Arrest of debtors; subdivisions six, seven, ten, twelve to fourteen of section seventeen hundred and thirty-six, Garnishment; sections seventeen hundred and fifty-five to seventeen hundred and fifty-eight, inclusive, Liens on vessels; chapter one hundred and sixteen, Bankruptcy, and sections eighteen hundred and twenty-eight to eighteen hundred and thirty-two, inclusive, Water rights. —penal laws repealed.
Penal Laws: Chapter six, Treason; section sixty-five to sixty-seven, inclusive, Foot binding; chapter seventeen, Violation of postal laws; 143 section three hundred and fourteen, Blasphemy; sections three hundred and seventy-one to three hundred and seventy-two, inclusive, Vagrants; sections four hundred and eleven to four hundred and thirteen, inclusive, Manufacture of liquors; chapter forty-three, Offenses on the high seas and other waters; sections five hundred and ninety-five and six hundred and two to six hundred and five, inclusive, Jurisdiction; section six hundred and twenty-three, Procedure; sections seven hundred and seven hundred and one, Imports; section seven hundred and fifteen, Auction license; section seven hundred and forty-five, Commercial travelers; sections seven hundred and forty-eight to seven hundred and fifty-five, inclusive, Firearms; sections seven hundred and ninety-six to eight hundred and nine, inclusive, Coasting trade; sections eight hundred and eleven and eight hundred and twelve, Peddling foreign goods; sections eight hundred and thirteen to eight hundred and fifteen, inclusive, Importation of live stock; section eight hundred and nineteen, Imports; sections eight hundred and eighty-six to nine hundred and six, inclusive, Quarantine; section eleven hundred and thirty-seven, Consuls and consular agents; chapter sixty-seven, Whale ships; sections eleven hundred and forty-five to eleven hundred and seventy-nine, inclusive, and twelve hundred and four to twelve hundred and nine, inclusive, Arrival, entry, and departure of vessels; chapters sixty-nine to seventy-six, inclusive, Navigation and other matters within the exclusive jurisdiction of the United States; sections thirteen hundred and forty-seven and thirteen hundred and forty-eight, Fraudulent exportation; chapter seventy-eight, Masters and servants; chapter ninety-three, Immigration; sections sixteen hundred and one, sixteen hundred and eight, and sixteen hundred and twelve, Agriculture and forestry; chapter ninety-six, Seditious offenses; and chapter ninety-nine, Sailing regulations.
Session Laws: Act fifteen, Elections; Act twenty-six, Duties; Act —session laws repealed. twenty-seven, Exemptions from duties; Act thirty-two, Registry of vessels; section four of Act thirty-eight, Importation of live stock; Act forty-eight, Pacific cable; Act sixty-five, Consolidation of public debt; Act sixty-six, Ports of entry; and Act sixty-eight, Chinese immigration. certain offices abolished. Sec. 8. That the offices of President, minister of foreign affairs, Certain offices abolished. minister of the interior, minister of finance, minister of public instruction, auditor-general, deputy auditor-general, surveyor-general, marshal, and deputy marshal of the Republic of Hawaii are hereby abolished. amendment of official titles.
Sec. 9. That wherever the words “President of the Republic of Amendment of official titles. Hawaii,” or “Republic of Hawaii,” or “Government of the Republic of Hawaii,” or their equivalents, occur in the laws of Hawaii not repealed by this Act, they are hereby amended to read “Governor of the Territory of Hawaii,” or “Territory of Hawaii,” or “Government of the Territory of Hawaii,” or their equivalents, as the context requires. construction of existing statutes. Construction of existing statutes.
Sec. 10. That all rights of action, suits at law and in equity, prosecutions, Existing obligations, etc., unaffected. and judgments existing prior to the taking effect of this Act shall continue to be as effectual as if this Act had not been passed; and those in favor of or against the Republic of Hawaii, and not assumed by or transferred to the United States, shall be equally valid in favor of or against the government of the Territory of Hawaii. All offenses —existing offenses which by statute then in force were punishable as offenses against the 144 Republic of Hawaii shall be punishable as offenses against the government of the Territory of Hawaii, unless such statute is inconsistent with this Act, or shall be repealed or changed by law.
No person shall be subject to imprisonment for nonpayment of taxes nor for debt. —criminal, etc., proceedings. All criminal and penal proceedings then pending in the courts of the Republic of Hawaii shall be prosecuted to final judgment and execution in the name of the Territory of Hawaii; all such proceedings, all actions at law, suits in equity, and other proceedings then pending in the courts of the Republic of Hawaii shall be carried on to final judgment and execution in the corresponding courts of the Territory of Hawaii; and all process issued and sentences imposed before this Act takes effect shall be as valid as if issued or imposed in the name of the *Provisos*.
Contracts for labor, etc. Territory of Hawaii: *Provided*, That no suit or proceedings shall be maintained for the specific performance of any contract heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be enforced for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for Merchant seamen. such breach: *Provided further*, That the provisions of this section shall not modify or change the laws of the United States applicable to merchant seamen.
Contracts for a definite term of service void, etc. That all contracts made since August twelfth, eighteen hundred and ninety-eight, by which persons are held for service for a definite term, are hereby declared null and void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the duty of the United States marshal to at once notify such persons so held of the termination of their contracts. Contract labor laws made applicable. Vol. 23, p. 332.
That the Act approved February twenty-sixth, eighteen hundred and eighty-five, “To prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia,” and the Acts amendatory thereof and supplemental thereto, be, and the same are hereby, extended to and made applicable to the Territory of Hawaii. style of process. Sec. 11. Style of process. That the style of all process in the Territorial courts shall hereafter run in the name of “The Territory of Hawaii,” and all prosecutions shall be carried on in the name and by the authority of the Territory of Hawaii.
Chapter II.—The legislature.The Legislature. the legislative power. Sec. 12. —to consist of two houses. That the legislature of the Territory of Hawaii shall consist of two houses, styled, respectively, the senate and house of representatives, which shall organize and sit separately, except as otherwise herein provided. —style. The two houses shall be styled “The legislature of the Territory of Hawaii.” Sec. 13. —qualifications of members. That no person shall sit as a senator or representative in the legislature unless elected under and in conformity with this Act. general elections.
Sec. 14. General elections. That a general election shall be held on the Tuesday next after the first Monday in November, nineteen hundred, and every *Proviso*. Special elections. second year thereafter: *Provided, however*, That the governor may, in his discretion, on thirty days’ notice, order a special election before the first general election, if, in his opinion, the public interests shall require a special session of the legislature. 145 each house judge of qualifications of members.
Sec. 15. That each house shall be the judge of the elections, returns, Each house judge of qualifications of members. and qualifications of its own members. disqualifications of legislators. Sec. 16. That no member of the legislature shall, during the term Disqualifications of legislators. for which he is elected, be appointed or elected to any office of the Territory of Hawaii. disqualifications of government officers and employees. Sec. 17. That no person holding office in or under or by authority Government officers ineligible as legislators. of the Government of the United States or of the Territory of Hawaii shall be eligible to election to the legislature, or to hold the position of a member of the same while holding said office.
Sec. 18. No idiot or insane person, and no person who shall be Idiots, convicts, etc., disqualified as voters. expelled from the legislature for giving or receiving bribes or being accessory thereto, and no person who, in due course of law, shall have been convicted of any criminal offense punishable by imprisonment, whether with or without hard labor, for a term exceeding one year, whether with or without fine, shall register to vote or shall vote or hold any office in, or under, or by authority of, the government, unless the person so convicted shall have been pardoned and restored to his civil rights. oath of office.
Sec. 19. That every member of the legislature, and all officers of Oath of office. the government of the Territory of Hawaii, shall take the following oath or affirmation: I solemnly swear (or affirm), in the presence of Almighty God, that I will faithfully support the Constitution and laws of the United States, and conscientiously and impartially discharge my duties as a member of the legislature, or as an officer of the government of the Territory of Hawaii (as the case may be). officers and rules.
Sec. 20. That the senate and house of representatives shall each Officers and rules. choose its own officers, determine the rules of its own proceedings, not inconsistent with this Act, and keep a journal. ayes and noes. Sec. 21. That the ayes and noes of the members on any question Ayes and noes. shall, at the desire of one-fifth of the members present, be entered on the journal. quorum. Sec. 22. That a majority of the number of members to which each Quorum. house is entitled shall constitute a quorum of such house for the conduct of ordinary business, of which quorum a majority vote shall suffice; but the final passage of a law in each house shall require the vote of a majority of all the members to which such house is entitled.
Sec. 23. That a smaller number than a quorum may adjourn from —smaller number may adjourn from day to day. day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may provide. Sec. 24. That, for the purpose of ascertaining whether there is a —ascertaining quorum. quorum present, the chairman shall count the number of members present. 146 punishment of persons not members. Sec. 25. Punishment of persons not members. That each house may punish by fine, or by imprisonment not exceeding thirty days, any person not a member of either house who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior in its presence or that of any committee thereof; —offenses specified. or who shall, on account of the exercise of any legislative function, threaten harm to the body or estate of any of the members of such house; or who shall assault, arrest, or detain any witness or other person ordered to attend such house, on his way going to or returning therefrom; or who shall rescue any person arrested by order of such house.
Accused to be heard in his own defense. But the person charged with the offense shall be informed, in writing, of the charge made against him, and have an opportunity to present evidence and be heard in his own defense. compensation of members. Sec. 26. Compensation of members. That the members of the legislature shall receive for their services, in addition to mileage at the rate of ten cents a mile each way, the sum of four hundred dollars for each regular session of the legislature, payable in three-equal installments on and after the first, thirtieth, and fiftieth days of the session, and the sum of two hundred dollars for each extra session of the legislature. punishment of members.
Sec. 27. Punishment of members. That each house may punish its own members for disorderly behavior or neglect of duty, by censure, or by a two-thirds vote suspend or expel a member. exemption from liability. Sec. 28. Exemption from liability. That no member of the legislature shall be held to answer before any other tribunal for any words uttered in the exercise of his legislative functions in either house. exemption from arrest. Sec. 29. Exemption from arrest. That the members of the legislature shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the respective houses, and in *Proviso*. —limitation. going to and returning from the same: *Provided*, That such privilege as to going and returning shall not cover a period of over ten days each way.
Senate. The Senate. Number of members. number of members. Sec. 30. Term of service. That the Senate shall be composed of fifteen members, who *Proviso*. Division into classes. shall hold office for four years: *Provided, however*, That of the senators elected at the first general election, two from the first district, one from the second, three from the third, and one from the fourth district shall hold office for two years only, the details of such apportionment to be provided for by the legislature. vacancies.
Sec. 31. Vacancies. That vacancies caused by death, resignation, or otherwise shall be filled for the unexpired term at general or special elections. 147 senatorial districts. Sec. 32. That for the purpose of representation in the senate, until Senatorial districts. otherwise provided by law, the Territory is divided into the following senatorial districts, namely: First district: The island of Hawaii. Second district: The islands of Maui, Molokai, Lanai, and Kahoolawe. Third district:
The island of Oahu. Fourth district: The islands of Kauai and Niihau. Sec. 33. That the electors in the said districts shall be entitled to Apportionment. elect senators as follows: In the first district, four; In the second district, three; In the third district, six; In the fourth district, two. qualifications of senators. Sec. 34. That in order to be eligible to election as a senator a person Qualifications of senators. shall— Be a male citizen of the United States; Have attained the age of thirty years;
Have resided in the Hawaiian Islands not less than three years and be qualified to vote for senators in the district from which he is elected. The House of Representatives. House of Representatives. number of representatives. Sec. 35. That the house of representatives shall be composed of Number of representatives, etc. thirty members, elected, except as herein provided, every second year. term of office. Sec. 36. That the term of office of the representatives elected at any Term of office. general or special election shall be until the next general election held thereafter. vacancies.
Sec. 37. That vacancies in the office of representative caused by Vacancies. death, resignation, or otherwise shall be filled for the unexpired term at special elections. representative districts. Sec. 38. That for the purpose of representation in the house of representatives, Representative districts. until otherwise provided by law, the Territory is divided into the following representative districts, namely: First district: That portion of the island of Hawaii known as Puna, Hilo, and Hamakua.
Second district: That portion of the island of Hawaii known as Kau, Kona, and Kohala. Third district: The islands of Maui, Molokai, Lanai, and Kahoolawe. Fourth district: That portion of the island of Oahu lying east and south of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pali to Mokapu Point. Fifth district: That portion of the island of Oahu lying west and north of the fourth district. Sixth district: The islands of Kauai and Niihau. 148 apportionment.
Sec. 39. Apportionment. That the electors in the said districts shall be entitled to elect representatives as follows: In the first district, four; In the second district, four; In the third district, six; In the fourth district, six; In the fifth district, six; In the sixth district, four. qualifications of representatives. Sec. 40. Qualifications of representatives. That in order to be eligible to be a member of the house of representatives a person shall, at the time of election— Have attained the age of twenty-five years;
Be a male citizen of the United States; Have resided in the Hawaiian Islands not less than three years; And shall be qualified to vote for representatives in the district from which he is elected. Legislation. Legislation. sessions of the legislature. Sec. 41. Sessions of the legislature. That the first regular session of the legislature shall be held on the third Wednesday in February, nineteen hundred and one, and biennially thereafter, in Honolulu. Sec. 42. That neither house shall adjourn during any session for more than three days, or sine die, without the consent of the other.
Sec. 43. —duration of. That each session of the legislature shall continue not longer *Proviso*. —extension. than sixty days, excluding Sundays and holidays: *Provided, however*, That the governor may extend such session for not more than thirty days. Special session. The governor may convene the legislature, or the senate alone, in special session, and, in case the seat of government shall be unsafe Session at other than Capital. from an enemy, riot, or insurrection, or any dangerous disease, direct that any regular or special session shall be held at some other than the regular meeting place. enacting clause—english language.
Sec. 44. Enacting clause. That the enacting clause of all laws shall be, “Be it enacted by the legislature of the Territory of Hawaii.” English language. All legislative proceedings shall be conducted in the English language. title of laws. Sec. 45. Title of laws. That each law shall embrace but one subject, which shall be expressed in its title. reading of bills. Sec. 46. Reading of bills. That a bill in order to become a law shall, except as herein provided, pass three readings in each house, on separate days, the —final passage. final passage of which in each house shall be by a majority vote of all the members to which such house is entitled, taken by ayes and noes and entered upon its journal. 149 certification of biles from one house to the other.
Sec. 47. That every bill when passed by the house in which it originated, Certification of bills from one house to another. or in which amendments thereto shall have originated, shall immediately be certified by the presiding officer and clerk and sent to the other house for consideration. signing bills. Sec. 48. That, except as herein provided, all bills passed by the Signing bills. legislature shall, in order to be valid, be signed by the governor. veto of governor. Sec. 49.
That every bill which shall have passed the legislature Veto of governor. shall be certified by the presiding officers and clerks of both houses, and shall thereupon be presented to the governor. If he approves it, he shall sign it, and it shall become a law. If the governor does not approve such bill, he may return it, with his objections, to the legislature. He may veto any specific item or items in any bill which appropriates money for specific purposes; but shall veto other bills, if at all, only as a whole. procedure upon receipt of veto.
Sec. 50. That upon the receipt of a veto message from the governor Procedure upon receipt of veto. each house of the legislature shall enter the same at large upon its journal and proceed to reconsider such bill, or part of a bill, and again vote upon it by ayes and noes, which shall be entered upon its journal. If after such reconsideration such bill, or part of a bill, shall be approved by a two-thirds vote of all the members to which each house is entitled, it shall thereby become law. failure to sign or veto.
Sec. 51. That if the governor neither signs nor vetoes a bill within Failure to sign or veto. ten days after it is delivered to him it shall become a law without his signature, unless the legislature adjourns sine die prior to the expiration of such ten days. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him. the same shall be a law in like manner as if he had signed it, unless the legislature by their adjournment prevents its return, in which case it shall not be a law. appropriations.
Sec. 52. That appropriations, except as otherwise herein provided, Appropriations made biennially. *Post* p. 162. *Proviso*. Use of funds in Hawaiian treasury authorized shall be made biennially by the legislature: *Provided, however*, That pending the time when this Act shall take effect and until a session of the legislature of the Territory of Hawaii shall be held, the President may, in his discretion, authorize and direct the use of such money in the treasury of the Republic of Hawaii as well as of the Territory of Hawaii, as he shall think requisite and proper for carrying on the government of the Territory of Hawaii, the preservation of the public health, the completion of the sewerage system of the city of Honolulu, and such other expenditures as in the President’s judgment shall seem to be appropriate.
Sec. 53. That the governor shall submit to the legislature, at each Estimates for appropriations. regular session, estimates for appropriations for the succeeding biennial period. 150 Sec. 54. Failure to appropriate for current expenses. That in case of failure of the legislature to pass appropriation bills providing for payments of the necessary current expenses of carrying on the government and meeting its legal obligations as the same are provided for by the then existing laws, the governor shall, extra session. upon the adjournment of the legislature, call it in extra session for the consideration of appropriation bills, and until the legislature shall have acted the treasurer may, with the advice of the governor, make such payments, for which purpose the sums appropriated in the last appropriation bills shall be deemed to have been reappropriated.
And all legislative and other appropriations made prior to the date when this Act shall take effect, shall be available to the government of the Territory of Hawaii. legislative power. Sec. 55. Legislative power. —scope of. That the legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States locally applicable. The legislature, at its first regular session after the census enumeration shall be ascertained, and from time to time thereafter, shall reapportion the membership in the senate and house of representatives among the senatorial and representative districts on the basis of the population in each of —exclusive privileges, etc., to corporations. said districts who are citizens of the Territory; but the legislature shall not grant to any corporation, association, or individual any special or exclusive privilege, immunity, or franchise without the approval —private charters. of Congress; nor shall it grant private charters, but it may by general —incorporations. act permit persons to associate themselves together as bodies corporate for manufacturing, agricultural, and other industrial pursuits, and for conducting the business of insurance, savings banks, banks of discount and deposit (but not of issue), loan, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the construction and operation of railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other *Proviso*.
Real estate holdings of corporations limited, etc. benevolent, charitable, or scientific association: *Provided*, That no corporation, domestic or foreign, shall acquire and hold real estate in Hawaii in excess of one thousand acres; and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States, but existing vested rights in Divorce. real estate shall not be impaired. No divorce shall be granted by the legislature, nor shall any divorce be granted by the courts of the Territory unless the applicant therefor shall have resided in the Territory for two years next preceding the application, but this provision shall Lotteries. not affect any action pending when this Act takes effect; nor shall any Liquors. lottery or sale of lottery tickets be allowed; nor shall spirituous or intoxicating liquors be sold except under such regulations and restrictions Sectarian, etc., schools. as the Territorial legislature shall provide; nor shall any public money be appropriated for the support or benefit of any sectarian, denominational, or private school, or any school not under the exclusive Government subscription to stock of corporations, etc. control of the government; nor shall the government of the Territory of Hawaii, or any political or municipal corporation or subdivision of the Territory, make any subscription to the capital stock of any incorporated company, or in any manner lend its credit for the use Contracting territorial debts restricted, etc. thereof; nor shall any debt be authorized to be contracted by or on behalf of the Territory, or any political or municipal corporation or subdivision thereof, except to pay the interest upon the existing indebtedness, to suppress insurrection, or to provide for the common defense, except that in addition to any indebtedness created for such purposes the legislature may authorize loans by the Territory, or any such subdivision thereof, for the erection of penal, charitable, and educational institutions, and for public buildings, wharves, roads, and harbor and 151 other public improvements, but the total of such indebtedness incurred in any one year by the Territory or any subdivision shall not exceed one per centum upon the assessed value of taxable property of the Territory or subdivision thereof, as the case may be, as shown by the last general assessment for taxation, and the total indebtedness for the Territory shall not at any time be extended beyond seven per centum of such assessed value, and the total indebtedness of any subdivision shall not at any time be extended beyond three per centum of such assessed value, but nothing in this provision shall prevent the refunding of any existing indebtedness at any time; nor shall any such loan be made upon the credit of the public domain or any part thereof, nor shall any bond or other instrument of any such indebtedness be issued unless made redeemable in not more than five years and payable in not more than fifteen years from the date of the issue thereof; nor shall any such bond or indebtedness be incurred until approved by the President of the United States. town, city, and county government.
Sec. 56. That the legislature may create counties and town and city Town, etc., government. municipalities within the Territory of Hawaii and provide for the government thereof. Elections. exemption of electors on election day. Sec. 57. That every elector shall be privileged from arrest on election Elections. day during his attendance at election and in going to and returning therefrom, except in case of breach of the peace then committed, or in case of treason or felony. Sec. 58.
That no elector shall be so obliged to perform military Exemption of electors on election day. duty on the day of election as to prevent his voting, except in time of war or public danger, or in case of absence from his place of residence in actual military service, in which case provision may be made by law for taking his vote. method of voting for representatives. Sec. 59. That each voter for representative may cast a vote for as Method of voting for representatives. many representatives as are to be elected from the representative district in which he is entitled to vote.
The required number of candidates receiving the highest number of votes in the respective representative districts shall be the representatives for such districts. qualifications of voters for representatives. Sec. 60. That in order to be qualified to vote for representatives a Qualifications of voters for representatives. person shall— First. Be a male citizen of the United States. Second. Have resided in the Territory not less than one year preceding and in the representative district in which he offers to register not less than three months immediately preceding the time at which he offers to register.
Third. Have attained the age of twenty-one years. Fourth. Prior to each regular election, during the time prescribed by law for registration, have caused his name to be entered on the register of voters for representatives for his district. Fifth. Be able to speak, read, and write the English or Hawaiian language. 152 method of voting for senators. Sec. 61. Method of voting for senators. That each voter for senator may cast one vote for each senator to be elected from the senatorial district in which he is entitled to vote.
The required number of candidates receiving the highest number of votes in the respective senatorial districts shall be the senators for such district. qualifications of voters for senators and in all other elections. Sec. 62. Qualifications of voters for senators and in all other elections. That in order to be qualified to vote for senators and for voting in all other elections in the Territory of Hawaii a person must possess all the qualifications and be subject to all the conditions required by this Act of voters for representatives.
Sec. 63. Military service in Territory, disqualification. That no person shall be allowed to vote who is in the Territory by reason of being in the Army or Navy or by reason of being attached to troops in the service of the United States. Sec. 64. Ballou’s Compilation. Provision as to oaths etc., continued in force. That the rules and regulations for administering oaths and holding elections set forth in Ballou’s Compilation, Civil Laws, Appendix, and the list of registering districts and precincts appended, are continued in force with the following changes, to wit: —except Strike out the preliminary proclamation and sections one to twenty-six, inclusive, sections thirty and thirty-nine, the second and third paragraphs of section forty-eight, the second paragraph of section fifty, and sections sixty-two, sixty-three, and sixty-six, second paragraph of section one hundred.
In section twenty-nine strike out all after the word “Niihau” and in lieu thereof insert: “The boards of registration existing at the date of the approval of this Act shall go out of office, and new boards, which shall consist of three members each, shall be appointed by the governor, by and with the advice and consent of the senate, whose terms of office shall be four years. Appointments made by the governor when the senate is not in session shall be valid until the succeeding meeting of that body.
” In section thirty-one strike out “the first day of April and the thirtieth day of June, in the year eighteen hundred and ninety-seven,” and insert in lieu thereof “the last day of August and the tenth day of October, in the year nineteen hundred.” Strike out the words “and the detailed record” in sections fifty-two and one hundred and twelve. Strike out “marshal” wherever it occurs and insert in lieu thereof “high sheriff.” Strike out of section fifty-three the words “except as provided in section one hundred and fourteen hereof.
” In sections fifty-three, fifty-four, fifty-six, fifty-seven, fifty-nine, sixty, seventy-one, seventy-five, eighty-six, ninety-two, ninety-three, ninety-four, ninety-five, one hundred and eleven, one hundred and twelve, and one hundred and thirteen strike out the words “minister” and “minister of the interior” wherever they occur and insert in lieu thereof the words “secretary of the Territory.” In section fifty-six, paragraph three, strike out “interior office” and insert “office of the secretary of the Territory.
” In section fifty-six, first paragraph, after the words “candidate for election” insert “to the legislature;” and in the last paragraph strike out the word “only.” Strike out the word “elective” in section sixty-four. In sections twenty-seven, sixty-four, sixty-five, sixty-eight, seventy, and seventy-two strike out the words “minister of the interior” or 153 “minister” wherever they occur and insert in lieu thereof the word “governor.” Amend section sixty-seven so that it will read:
“At least forty days before any election the governor shall issue an election proclamation and transmit copies of the same to the several boards of inspectors throughout the Territory, or where such election is to be held.” In section seventy-five strike out the word “perfectly,” and in section seventy-six strike out “in” and insert “on.” In section one hundred and twelve strike out “interior department” and insert in lieu thereof “office of the secretary of the Territory.” In section one hundred and fourteen strike out the word “Republic” wherever it occurs and insert in lieu thereof “Territory.
” In section one hundred and fifteen strike out the words “minister” and “minister of the interior” and insert in lieu thereof “treasurer,” and strike out all after the word “refreshments:” *Provided, however*, That for the holding of a special election before the first general election the governor may prescribe the time during which the boards of registration shall meet and the registration be made. Sec. 65. That the legislature of the Territory may from time to time Altering boundaries of election districts. establish and alter the boundaries of election districts and voting precincts and apportion the senators and representatives to be elected from such districts.
Chapter 3.—The Executive. The Executive. the executive power. Sec. 66. That the executive power of the government of the Territory Governor. of Hawaii shall be vested in a governor, who shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and shall hold office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President. He shall be not less than thirty-five years of age; shall be a citizen of the Territory of Hawaii; shall be commander in chief of the militia thereof; may grant pardons or reprieves for offenses against the laws of the said Territory and reprieves for offenses against the laws of the United States until the decision of the President is made known thereon. enforcement of law.
Sec. 67. That the governor shall be responsible for the faithful Powers of governor. execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory, or any part thereof, under martial law until communication can be had with the President and his decision thereon made known. general powers of the governor.
Sec. 68. That all the powers and duties which, by the laws of —general powers. Hawaii, are conferred upon or required of the President or any minister of the Republic of Hawaii (acting alone or in connection with any other officer or person or body) or the cabinet or executive council, and not inconsistent with the Constitution or laws of the United States, 154 are conferred upon and required of the governor of the Territory of Hawaii, unless otherwise provided. secretary of the territory.
Sec. 69. Secretary of the Territory, duties, etc. That there shall be a secretary of the said Territory, who shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and who shall be a citizen of the Territory of Hawaii and hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President. He shall record and preserve all the laws and proceedings of the legislature and all acts and proceedings of the governor, and promulgate proclamations of the governor.
He shall, within thirty days after the end of each session of the legislature, transmit to the President, the President of the Senate, and the Speaker of the House of Representatives of the United States one copy each of the laws and journals of such session. He shall transmit to the President, semiannually, on the first days of January and July, a copy of the executive proceedings, and shall perform such other duties as are prescribed in this Act or as may be required of him by the legislature of Hawaii. acting governor in certain contingencies.
Sec. 70. —when to act as governor. That in case of the death, removal, resignation, or disability of the governor, or his absence from the Territory, the secretary shall exercise all the powers and perform all the duties of governor during such vacancy, disability, or absence, or until another governor is appointed and qualified. attorney-general. Sec. 71. Attorney-general, duties, etc. That there shall be an attorney-general, who shall have the powers and duties of the attorney-general and those of the powers and duties of the minister of the interior which relate to prisons, prisoners, and prison inspectors, notaries public, and escheat of lands under the laws of Hawaii, except as changed by this Act and subject to modification by the legislature. treasurer.
Sec. 72. Treasurer, duties, etc. That there shall be a treasurer, who shall have the powers and duties of the minister of finance and those of the powers and duties of the minister of the interior which relate to licenses, corporations, companies, and partnerships, business conducted by married women, newspapers, registry of conveyances, and registration of prints, labels, and trade-marks under the laws of Hawaii, except as changed in this Act and subject to modification by the legislature.
Commissioner of public lands. commissioner of public lands. Sec. 73. Public-land laws, sales, etc., continued in force. That the laws of Hawaii relating to public lands, the settlement of boundaries, and the issuance of patents on land-commission awards, except as changed by this Act, shall continue in force until Congress shall otherwise provide. That, subject to the approval of the President, all sales, grants, leases, and other dispositions of the public domain, and agreements concerning the same, and all franchises granted by the Hawaiian government in conformity with the laws of Hawaii between the seventh day of July, eighteen hundred and ninety-eight, and the twenty-eighth day of September, eighteen hundred and 155 ninety-nine, are hereby ratified and confirmed.
In said laws “land Change of terms. patent” shall be substituted for “royal patent;” “commissioner of public lands” for “minister of the interior,” “agent of public lands,” and “commissioners of public lands,” or their equivalents; and the words “that I am a citizen of the United States,” or “that I have declared my intention to become a citizen of the United States, as required bylaw,” for the words “that I am a citizen by birth (or naturalization) of the Republic of Hawaii,” or “that I have received letters of denization under the Republic of Hawaii,” or “that I have received a certificate of special right of citizenship from the Republic of Hawaii.
” And no lease of agricultural land shall be granted, sold, Lease of agricultural land. or renewed by the government of the Territory of Hawaii for a longer period than five years until Congress shall otherwise direct. All funds Vol. 30, p. 750. arising from the sale or lease or other disposal of such lands shall be appropriated by the laws of the government of the Territory of Hawaii and applied to such uses and purposes for the benefit of the inhabitants of the Territory of Hawaii as are consistent with the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight: *Provided*, There shall be excepted from the provisions of this section *Proviso*. —exception. all lands heretofore set apart, or reserved, by Executive order, or orders, by the President of the United States. commissioner of agriculture and forestry.
Commissioner of Agriculture and Forestry. Sec. 74. That the laws of Hawaii relating to agriculture and forestry, Laws continued in force. except as changed by this Act, shall continue in force, subject to modification by Congress or the legislature. In said laws “commissioner Change of terms. of agriculture and forestry” shall be substituted, respectively, for “bureau,” “bureau of agriculture and forestry,” “commissioner,” “commissioners of agriculture,” and “commissioners for the island of Oahu.” superintendent of public works.
Sec. 75. That there shall be a superintendent of public works, who Superintendent of public works, duties, etc. shall have the powers and duties of the superintendent of public works and those of the powers and duties of the minister of the Interior which relate to streets and highways, harbor improvements, wharves, landings, waterworks, railways, electric light and power, telephone lines, fences, pounds, brands, weights and measures, fires and fireproof buildings, explosives, eminent domain, public works, markets, buildings, parks and cemeteries, and other grounds and lands nowunder the control and management of the minister of the interior, and those of the powers and duties of the minister of finance and collector-general which relate to pilots and harbor masters under the laws of Hawaii, except as changed by this Act and subject to modification by the legislature.
In Change of terms. said laws the word “legislature” shall be substituted for “councils” and the words “the circuit court” for “the Hawaiian Postal Savings Bank.” superintendent of public instruction. Sec. 76. That there shall be a superintendent of public instruction, Superintendent of public instruction, duties, etc. who shall have the powers and perform the duties conferred upon and required of the minister of public instruction by the laws of Hawaii as amended by this Act, and subject to modification by the legislature.
It shall be the duty of the United States Commissioner of Labor to Labor statistics. collect, assort, arrange, and present in annual reports statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects 156 as Congress may, by law, direct. The said commissioner is especially charged to ascertain, at as early a date as possible, and as often thereafter as such information may be required, the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress. auditor and deputy auditor.
Sec. 77. Auditor and deputy, duties, etc. That there shall be an auditor and deputy auditor, who shall have the powers and duties conferred upon and required of the auditor-general and deputy auditor-general, respectively, by act thirty-nine of the Session Laws, as amended by this Act, subject to modification by the legislature. In said act “officer” shall be substituted for “minister” where used without other designation. surveyor. Sec. 78. Surveyor. That there shall be a surveyor, who shall have the powers and duties heretofore attached to the surveyor-general, except such as relate to the geodetic survey of the Hawaiian Islands. high sheriff.
Sec. 79. High sheriff. That there shall be a high sheriff and deputies, who shall have the powers and duties of the marshal and deputies of the Republic of Hawaii under the laws of Hawaii, except as changed by this Act, and subject to modification by the legislature. appointment, removal, tenure, and salaries of officers. Sec. 80. Appointment of officers. That the President shall nominate and, by and with the advice and consent of the Senate, appoint the chief justice and justices of the supreme court, the judges of the circuit courts, who shall hold their respective offices for the term of four years, unless sooner removed by the President; and the governor shall nominate and, by and with the advice and consent of the senate of the Territory of Hawaii, appoint the attorney-general, treasurer, commissioner of public lands, commissioner of agriculture and forestry, superintendent of public works, superintendent of public instruction, auditor, deputy auditor, surveyor, high sheriff, members of the board of health, commissioners of public instruction, board of prison inspectors, board of registration and inspectors of election, and any other boards of a public character that may be created by law; and he may make such appointments when the senate is not in session by granting commissions, which shall, unless such appointments are confirmed, expire at the end of the —removal. next session of the senate.
He may, by and with the advice and consent of the senate of the Territory of Hawaii, remove from office any Term of office. of such officers. All such officers shall hold office for four years and until their successors are appointed and qualified, unless sooner removed, except the commissioners of public instruction and the members of said boards, whose terms of office shall be as provided by the laws of the Territory of Hawaii. Appointment, etc, of unspecified officers. The manner of appointment and removal and the tenure of all other officers shall be as provided by law; and the governor may appoint or remove any officer whose appointment or removal is not otherwise provided for.
Salaries. The salaries of all officers other than those appointed by the President shall be as provided by the legislature, but those of the chief justice and the justices of the supreme court and judges of the circuit courts shall not be diminished during their term of office. 157 All officers appointed under the provisions of this section shall be Officers to be citizens. citizens of the Territory of Hawaii. All persons holding office in the Hawaiian Islands at the time this Present incumbents to hold until successor appointed.
Act takes effect shall continue to hold their respective offices until their successors are appointed and qualified, but not beyond the end of the first session of the senate of the Territory of Hawaii unless reappointed as herein provided. Chapter IV. the judiciary. Sec. 81. That the judicial power of the Territory shall be vested in The judiciary. one supreme court, circuit courts, and in such inferior courts as the legislature may from time to time establish. And until the legislature shall otherwise provide, the laws of Hawaii heretofore in force concerning the several courts and their jurisdiction and procedure shall continue in force except as herein otherwise provided. supreme court.
Supreme Court. Sec. 82. That the supreme court shall consist of a chief justice and —of what to consist. two associate justices, who shall be citizens of the Territory of Hawaii and shall be appointed by the President of the United States, by and with the advice and consent of the Senate of the United States, and may be removed by the President: *Provided, however*, That in case of the disqualification *Proviso*. Absence of justices. or absence of any justice thereof, in any cause pending before the court, on the trial and determination of said cause his place shall be filled as provided by law. laws continued in force.
Sec. 83. That the laws of Hawaii relative to the judicial department, Laws continued in force. including civil and criminal procedure, except as amended by this Act, are continued in force, subject to modification by Congress, or the legislature. The provisions of said laws or any laws of the Republic Juries. —repeal of certain provisions. of Hawaii which require juries to be composed of aliens or foreigners only, or to be constituted by impaneling natives of Hawaii only, in civil and criminal cases specified in said laws, are repealed, and all juries shall hereafter be constituted without reference to the race or place of nativity of the jurors; but no person who is not a male citizen —qualifications. of the United States and twenty-one years of age and who can not understandingly speak, read, and write the English language shall be a qualified juror or grand juror in the Territory of Hawaii.
No person shall be convicted in any criminal case except by unanimous verdict of the jury. No plaintiff or defendant in any suit or proceeding —of one race only, etc. in a court of the Territory of Hawaii shall be entitled to a trial by a jury impaneled exclusively from persons of any race. Until otherwise —grand juries. provided by the legislature of the Territory, grand juries may be drawn in the manner provided by the Hawaiian statutes for drawing petty juries, and shall sit at such times as the circuit judges of the respective circuits shall direct; the number of grand jurors in each circuit shall be not less than thirteen, and the method of the presentation of cases to said grand jurors shall be prescribed by the supreme court of the Territory of Hawaii.
The several circuit courts may subpoena witnesses to appear before the grand jury in like manner as they subpoena witnesses to appear before their respective courts. disqualification by relationship, pecuniary interest, or previous judgment. Sec. 84. That no person shall sit as a judge or juror in any case in Disqualification of judge or jury. which his relative by affinity or by consanguinity within the third 158 degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge or juror may have, either directly or through such relative, any pecuniary interest.
No judge shall sit on an appeal, or new trial, in any case, in which he may have given a previous judgment. Chapter 5.—United States officers. United States Officers. delegate to congress. Sec. 85. Delegate to Congress. That a Delegate to the House of Representatives of the United States, to serve during each Congress, shall be elected by the voters qualified to vote for members of the house of representatives of the legislature; such Delegate shall possess the qualifications necessary for membership of the senate of the legislature of Hawaii.
The times, places, and manner of holding elections shall be as fixed by law. The person having the greatest number of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. federal court. Sec. 86. Federal Court. That there shall be established in said Territory a district court to consist of one judge, who shall reside therein and be called Appointment of judge, etc. the district judge.
The President of the United States, by and with the advice and consent of the Senate of the United States, shall appoint a district judge, a district attorney, and a marshal of the United States for the said district, and said judge, attorney, and marshal shall hold Jurisdiction. office for six years unless sooner removed by the President. Said court shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizable in a circuit court of the United States, and shall proceed therein in the same manner as a circuit court; and said judge, district attorney, and marshal shall have and exercise in the Territory of Hawaii all the powers conferred by the laws of the United States upon the judges, district attorneys, and Procedure, etc. marshals of district and circuit courts of the United States.
Writs of error and appeals from said district court shall be had and allowed to the circuit court of appeals in the ninth judicial circuit in the same manner as writs of error and appeals are allowed from circuit courts to circuit courts of appeals as provided by law, and the laws of the United States relating to juries and jury trials shall be applicable to said district court. The laws of the United States relating to appeals, writs of error, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii.
Terms of court. Regular terms of said court shall be held at Honolulu on the second Monday in April and October and at Hilo on the last Wednesday in January of each year; and special terms may be held at such times and Clerk. places in said district as the said judge may deem expedient. The said district judge shall appoint a clerk for said court at a salary of three Reporter. thousand dollars per annum, and shall appoint a reporter of said court at a salary of twelve hundred dollars per annum. internal-revenue district.
Sec. 87. Internal-revenue district. That the Territory of Hawaii shall constitute a district for the collection of the internal revenue of the United States, with a collector, whose office shall be at Honolulu, and deputy collectors at such 159 other places in the several islands as the Secretary of the Treasury shall direct. customs district. Sec. 88. That the Territory of Hawaii shall comprise a customs district Customs district. of the United States, with ports of entry and delivery at Honolulu, Hilo, Mahukona, and Kahului.
Chapter 6.—Miscellaneous. revenues from wharves. Sec. 89. That until further provision is made by Congress the Revenues from wharves. wharves and landings constructed or controlled by the Republic of Hawaii on any seacoast, bay, roadstead, or harbor shall remain under the control of the government of the Territory of Hawaii, which shall receive and enjoy all revenues derived therefrom, on condition that said property shall be kept in good condition for the use and convenience of commerce, but no tolls or charges shall be made by the government of the Territory of Hawaii for the use of any such property by the United States, or by any vessel of war, tug, revenue cutter, or other boat or transport in the service of the United States.
Sec. 90. That Hawaiian postage stamps, postal cards, and stamped Disposition of Hawaiian postage stamps. envelopes at the post-offices of the Hawaiian Islands when this Act takes effect shall not be sold, but, together with those that shall thereafter be received at such offices as herein provided, shall be canceled under the direction of the Postmaster-General of the United States; those previously sold and uncanceled shall, if presented at such offices within six months after this Act takes effect, be received at their face value in exchange for postage stamps, postal cards, and stamped envelopes of the United States of the same aggregate face value and, so far as may be, of such denominations as desired.
Sec. 91. That the public property ceded and transferred to the Disposition of public property ceded to the United States. United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, Vol. 30, p. 750. shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, and cared for by it, at its own expense, until otherwise provided for by Congress, or taken for the uses and purposes of the United States by direction of the President or of the governor of Hawaii.
And all moneys in the Hawaiian treasury, and all the revenues and other property acquired by the Republic of Hawaii since said cession shall be and remain the property of the Territory of Hawaii. Sec. 92. That the following officers shall receive the following Salaries of governor, etc. annual salaries, to be paid by the United States: The governor, live thousand dollars; the secretary of the Territory, three thousand dollars; the chief justice of the supreme court of the Territory, five thousand five hundred dollars, and the associate justices of the supreme court, five thousand dollars each, and the judges of the circuit courts, three thousand dollars each.
The salaries of the said chief justice and the associate justices of the supreme court, and the judges of the circuit courts as above provided shall be paid by the United States; the United States district judge, five thousand dollars; the United States marshal, two thousand five hundred dollars; the United States district attorney, three thousand dollars. And the governor shall receive annually, in addition to his salary, the sum of five hundred dollars for stationery, postage, and incidentals; also his traveling expenses while absent from the capital on official business, and the sum of two thousand dollars annually for his private secretary. 160 imports from hawaii into the united states.
Sec. 93. Imports from Hawaii into the United States. That imports from any of the Hawaiian Islands, into any State or any other Territory of the United States, of any dutiable articles not the growth, production, or manufacture of said islands, and imported into them from any foreign country after July seventh, eighteen hundred and ninety-eight, and before this Act takes effect, shall pay the same duties that are imposed on the same articles when imported into the United States from any foreign country. investigation of fisheries.
Sec. 94. Investigation of fisheries. That the Commissioner of Fish and Fisheries of the United States is empowered and required to examine into the entire subject of fisheries and the laws relating to the fishing rights in the Territory of Hawaii, and report to the President touching the same, and to recommend such changes in said laws as he shall see fit. repeal of laws conferring exclusive fishing rights. Sec. 95. Repeal of laws conferring exclusive fishing rights. That all laws of the Republic of Hawaii which confer exclusive fishing rights upon any person or persons are hereby repealed, and all fisheries in the sea waters of the Territory of Hawaii not included in any fish pond or artificial inclosure shall be free to all citizens of the United States, subject, however, to vested rights; but no such vested right shall be valid after three years from the taking effect of this Act unless established as hereinafter provided. proceedings for opening fisheries to citizens.
Sec. 96. Proceedings for opening fisheries to citizens. That any person who claims a private right to any such fishery shall, within two years after the taking effect of this Act, file his petition in a circuit court of the Territory of Hawaii, setting forth his claim to such fishing right, service of which petition shall be made upon the attorney-general, who shall conduct the case for the Territory, and such case shall be conducted as an ordinary action at law. That if such fishing right be established, the attorney-general of the Territory of Hawaii may proceed, in such manner as may be provided by law for the condemnation of property for public use, to condemn such private right of fishing to the use of the citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the Territory of Hawaii not otherwise appropriated.
Quarantine. quarantine. Sec. 97. Stations, regulations, etc. That quarantine stations shall be established at such places in the Territory of Hawaii as the Supervising Surgeon-General of the Marine-Hospital Service of the United States shall direct, and the quarantine regulations for said islands relating to the importation of diseases from other countries shall be under the control of the Government Honolulu station. of the United States. The quarantine station and grounds at the harbor of Honolulu, together with all the public property belonging to that service, shall be transferred to the Marine-Hospital Service of the United States, and said quarantine grounds shall continue to be so used and employed until the station is changed to other grounds which may be selected by order of the Secretary of the Treasury.
The health laws of the government of Hawaii relating to the harbor of Honolulu and other harbors and inlets from the sea and to the internal control of the health of the islands shall remain in the jurisdiction of the government of the Territory of Hawaii, subject to the quarantine laws and regulations of the United States. 161 Sec. 98. That all vessels carrying Hawaiian registers on the twelfth American register for certain vessels. day of August, eighteen hundred and ninety-eight, and which were owned bona fide by citizens of the United States, or the citizens of Hawaii, together with the following-named vessels claiming Hawaiian register, Star of France, Euterpe, Star of Russia, Falls of Clyde, and Wilscott, shall be entitled to be registered as American vessels, with the benefits and privileges appertaining thereto, and the coasting trade between the islands aforesaid and any other portion of the United States, shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts.
Sec. 99. That the portion of the public domain heretofore known as Crown land free from trusts, etc. Crown land is hereby declared to have been, on the twelfth day of August, eighteen hundred and ninety-eight, and prior thereto, the property of the Hawaiian government, and to be free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues, and profits thereof. It shall be subject to alienation and other uses as may be provided by law.
Sec. 100. That for the purposes of naturalization under the laws of Naturalization. the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed equivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands.
Sec. 101. That Chinese in the Hawaiian Islands when this Act takes Certificates of residence for Chinese. effect may within one year thereafter obtain certificates of residence as required by “An Act to prohibit the coming of Chinese persons Vol. 27, p. 25. into the United States,” approved May fifth, eighteen hundred and ninety-two, as amended by an Act approved November third, eighteen Vol. 28, p. 7. hundred and ninety-three, entitled “An Act to amend an Act entitled ‘An Act to prohibit the coming of Chinese persons into the United States,’ approved May fifth, eighteen hundred and ninety-two,” and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificates: *Provided, *Proviso*.
Chinese laborers denied entrance into United States. however*, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands. Sec. 102. That the laws of Hawaii relating to the establishment and Hawaiian laws as to postal savings banks abolished. conduct of any postal savings bank or institution are hereby abolished. And the Secretary of the Treasury, in the execution of the agreement Hawaiian Postal Savings Bank.
Payments to depositors authorized, etc. Vol. 30, p. 750. of the United States as expressed in an Act entitled “Joint Resolution to provide for annexing the Hawaiian Islands to the United States,” approved July seventh, eighteen hundred and ninety-eight, shall pay the amounts on deposit in the Hawaiian Postal Savings Bank to the persons entitled thereto, according to their respective rights, and he shall make all needful orders, rules, and regulations for paying such persons and for notifying such persons to present their demands for payment.
So much money as is necessary to pay said demands is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be available on and after the first day of July, nineteen hundred, when such payments shall begin, and none of said demands shall bear interest after said date, and no deposit shall be made in said bank after said date. Said demands of such persons shall be certified to by the chief executive of Hawaii as being genuine and due to the persons presenting the same, and his certificate shall be sealed with the official seal of the Territory, and countersigned by its secretary, and shall be approved by the Secretary of the Interior, who shall draw his 162 warrant for the amount due upon the Treasurer of the United States, and when the same are so paid no further liabilities shall exist in respect of the same against the governments of the United States or of Hawaii.
Sec. 103. —surplus, etc., to be paid into United States Treasury. That any money of the Hawaiian Postal Savings Bank that shall remain unpaid to the persons entitled thereto on the first day of July, nineteen hundred and one, and any assets of said bank shall be turned over by the government of Hawaii to the Treasurer of the United States, and the Secretary of the Treasury shall cause an account to be stated, as of said date, between such government of Hawaii and the United States in respect to said Hawaiian Postal Savings Bank.
Sec. 104. Effect. This Act shall take effect forty-five days from and after the date of the approval thereof, excepting only as to section fifty-two, *Ante*, p. 149. relating to appropriations, which shall take effect upon such approval. Approved, April 30, 1900.