Chapter 54.
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CHAP. 54.— AN ACT To ratify, approve, and confirm sections one, two, and three of an act duly enacted by the Legislature of the Territory of Hawaii relating to the board of harbor commissioners of the Territory, as herein amended, and amending the laws relating thereto. March 28, 1916.[[H. R. 3042](/us/bill/64/hr/3042).][[Public, No. 39](/us/pl/64/39).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That sections one, two, and Hawaii.
Act of legislature relating to harbor commissioners, etc., confirmed.three of act one hundred and sixty-nine of the Legislature of the Territory of Hawaii, nineteen hundred and fifteen, entitled, “An act to amend chapter forty-nine of the Revised Laws of Hawaii, nineteen hundred and fifteen, relating to harbors, by amending sections six hundred and eighty-three, six hundred and eighty-five, six hundred and eighty-seven, and six hundred and ninety-one, and by adding one new section thereto to be known as section six hundred and ninety-one A,” approved by the governor of the Territory April twenty-sixth, nineteen hundred and fifteen, be, and the same are hereby, amended, ratified, approved, and confirmed, as follows:
"“Section 1. Section six hundred and eighty-three of the Revised Laws of Hawaii, nineteen hundred and fifteen, is hereby amended to read as follows: "“‘Sec. 683. Board of harbor commissioners: All ocean shores Board of harbor commissioners. Appointment, duties, etc.below mean high-water mark, shore waters and navigable streams, and all harbors and roadsteads, and all harbor and water-front improvements, belonging to or controlled by the Territory of Hawaii, and all shipping within such harbors, roadsteads, waters, and streams shall be under the care and control of a board of harbor commissioners.
Said board shall consist of five members, one of whom shall be the superintendent of public works of the Territory who shall be chairman, ex officio, and four shall be appointed by the governor as provided in section eighty of the organic act. Such commissioners shall be appointed for terms of four years or the unexpired periods thereof, in such manner that the terms of two commissioners shall expire 40every second year. Said terms shall begin on the first day of July: *Provided, however,* That upon the first appointments two of said commissioners shall be appointed for terms ending June thirtieth, nineteen hundred and thirteen, and two for terms ending June thirtieth, nineteen hundred and fifteen.’" “Sec. 2.
Section six hundred and eighty-five of the Revised Laws of Hawaii, nineteen hundred and fifteen, is hereby amended to read as follows: Powers, etc. "“‘Sec. 685. Powers and duties of board: Said board shall have and exercise all the powers and shall perform all the duties which may lawfully be exercised by or under the Territory of Hawaii relative to the control and management of the shores, shore waters, navigable streams, harbors, harbor and water front improvements, ports, docks, wharves, quays, bulkheads, and landings belonging to or controlled by the Territory, and the shipping using the same, and shall have the authority to use and permit and regulate the use of the wharves, piers, bulkheads, quays, and landings belonging to or controlled by the Territory for receiving or discharging passengers and for loading and landing merchandise, with a right to collect wharfage and demurrage thereon or therefor, and, subject to all applicable provisions of law, to fix and regulate from time to time rates for services rendered in mooring vessels, charges for the use of moorings belonging to or controlled by the Territory, rates or charges for the services of pilots, wharfage or demurrage, rents or charges for warehouses or warehouse space, for office or office space, for storage of freight, goods, wares, and merchandise, for storage space, for the use of donkey engines, derricks, or other equipment belonging to the Territory, under the control of the board, and to make other charges except toll or tonnage charges on freight passing over or across wharves, docks, quays, bulkheads, or landings.
The board shall likewise have power to appoint and remove clerks, wharfingers and their assistants, pilots and pilot-boat crews, and all such other employees as may be necessary, and to fix their compensation; to make rules and regulations pursuant to this chapter and not inconsistent with law; and generally shall have all powers necessary fully to carry out the provisions of this chapter. ‘All moneys appropriated for harbor improvements, including new construction, reconstruction, repairs, salaries, and operating expenses, shall be expended under the supervision and control of the board, subject to the provisions of this chapter and of chapter one hundred.
All contracts and agreements authorized by law to be entered into by the board shall be executed on its behalf by its chairman. ‘The board shall prepare and submit annually to the governor a report of its official acts during the preceding calendar year, together with its recommendations as to harbor improvements throughout the Territory.’" Rules and regulations. “Sec. 3. Section six hundred and eighty-seven of the Revised Laws of Hawaii, nineteen hundred and fifteen, is hereby amended to read as follows:
Rules and regulations. "“‘Sec. 687. Rules and regulations: The board may from time to time make, alter, amend, and repeal such rules and regulations not inconsistent with law as it may deem necessary respecting the manner in which all vessels may enter and moor, anchor, or dock in the shore waters, navigable streams, harbors, ports, and roadsteads of the Territory, or move from one dock, wharf, bulkhead, quay, landing, anchorage, or mooring to another within such waters, streams, harbors, ports, or roadsteads; the examination, guidance, and control of pilots and harbor masters and their assistants, and their conduct while on duty; the embarking or disembarking of passengers; the expeditious and careful handling of freight, goods, wares, and merchandise of 41every kind which may be delivered for shipment or discharged on the wharves, docks, quays, bulkheads, or landings belonging to or controlled by the Territory; and defining the duties and powers of carriers, shippers, and consignees respecting passengers, freight, goods, wares, and merchandise in and upon such wharf, landing, dock, quay, or bulkhead.
The board may also make further rules and regulations for the safety of the docks, wharves, landings, quays, bulkheads, and harbor and water-front improvements belonging to or controlled by the Territory. ‘Said board may also, from time to time, make, alter, amend, and repeal such rules not inconsistent with law as shall be deemed necessary for the proper regulation and control of all shipping in the harbors, shore waters, and navigable streams belonging to or controlled by the Territory, and of the entry, departure, mooring, and berthing of vessels therein, and for the regulation and control of all other matters and things connected with shipping in all such harbors, shore waters, and navigable streams; and rules and regulations to prevent the throwing into such harbors, shore waters, and navigable streams of rubbish, refuse, garbage, or other substances liable to make such harbors, shore waters, and navigable streams unsightly, unhealthful, or unclean, or liable to fill up or shoal or shallow such harbors, shore waters, and streams, and likewise to prevent the escape of fuel or other oils into such harbors, shore waters, and streams, either from any vessel or from pipes or storage tanks upon the land. ‘Any rules and regulations so made shall be published by said board in the manner prescribed for the promulgation of the laws of the Territory, and upon such publication shall have the force and effect of law.’”" “Sec. 4.
The jurisdiction and powers hereby conferred on the Subject to legal restrictions.board of harbor commissioners are subject to such restrictions as may be imposed by the statutes of the Territory of Hawaii, and shall be exercised in accordance with the provisions thereof.”" Approved, March 28, 1916.