United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 39 of 150)
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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 ascer-
tained, and from time to time thereafter, shall reapportion the mem-
bership in the senate and house of representatives among the sena-
torial and representative districts on the basis of the population in
each of said districts who are citizens of the Territory; but the
legislature shall not grant to any corporation, association, or in-
dividual any special or exclusive privilege, immunity, or franchise
without the approval of Congress ; nor shall it grant private char-
ters, but it may by general act permit persons to associate them-
selves 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 establish-
ment and conduct or cemeteries, and for the construction and op-
eration of railroads, wagon roads, vessels, and irrigating ditches,
and the colonization and improvement of lands in connection there-
with, or for colleges, seminaries, churches, libraries, or any other
benevolent, charitable, or scientific association: Provided, That
no corporation, domestic or foreign, shall acquire and hold real es-
tate in Hawaii in excess of one thousand acres; and all real es-
tate acquired or held by such corporation or association contrary
hereto shall be forfeited and escheat to the United States, but ex-
isting vested rights in real estate shall not be impaired. No di-
vorce shall be granted by the legislature, nor shall any divorce be
granted by the courts of the Territory unless the applicant there-
for shall have resided in the Territory for two years next preced-
ing the application, but this provision shall not affect any action
pending when this Act takes effect; nor shall any lottery or sale
of lottery tickets be allowed; nor shall spirituous or intoxicating
liquors be sold except under such regulations and restrictions as
the Territorial legislature shall provide ; nor shall any public mon-
ey be appropriated for the support or benefit of any sectarian, de-
nominational, or private school, or any school not under the exclu-
sive 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 thereof; nor shall any debt be authorized to be contracted
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ai.3B) THE TBBRITORIBS AND INSULAR POSSESSIONA § 3698

by or on behalf of the Territory, or any political or municipal corpo-
ration or subdivision thereof, except to pay the interest upon the ex-
isting indebtedness, to suppress insurrection, or to provide for the
common defense, except that in addition to any indebtedness cre-
ated 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 build-
ings, wharves, roads, and harbor and other public improvements,
but the total of such indebtedness incurred in any one year by the
Territory or any such subdivision shall not exceed one per centum
of the assessed value of the property in the Territory or subdivision,
respectively as shown by the then last assessments for taxation,
whether such assessments are made by the Territory or the subdivi-
sion or subdivisions, and the total indebtedness of the Territory shall
not at any time be extended beyond seven per centum of such as-
sessed value of property in the Territory and the total indebtedness
of any such subdivision shall not at any time be extended beyond
three per centum of such assessed value of the property in the sub-
division, but nothing in this Act shall prevent the refunding of any
indebtedness at any time ; nor shall any such loan be made upon
the credit of the public domain or part thereof ; nor shall any bond
or other instrument of any such indebtedness be issued unless made
payable in not more than thirty years from the date of the issue
thereof ; nor shall any s.uch bond or indebtedness be issued or incur-
red until approved by the President of the United States : Provided,
That the legislature may by general act provide for the condemna-
tion of property for public uses, including the condemnation of
rights of way for the transmission of water for irrigation and other
purposes. (31 Stat. .150. 36 Stat. 444.)

The amendment to this section by Act May 27, 1910, c 258, | 4, cited abeve,
consisted chiefly in the omission of the requirement that the bonds issued
should be redeemable in not more than 5 years, the extension of the time
in which the bonds should be made payable from 15 years to 30 years, and the
addition of the last proviso, relating to condemnation of property as set forth
here.

TOWN, CITY, AND COUNTY OOVEBNMENT

§ 3698. (Act April 30, 1900, c. 339, § 56, as amended. Act March 3,
1905, c. 1465, § 1.) Counties, and town and city municipalities
and officials thereof.
The legislature may create counties and town and city municipalities
within the Territory of Hawaii and provide for the government there-
of ; and all officials thereof shall be appointed or elected, as the case
may be, in such manner as shall be provided by the governor and
legislature of the Territory. (31 Stat. 151. 33 Stat. 1035.)

The amendment to this section by Act March 3, 1905, c 1465, i 1, dte^
above, consisted in the addition of the last provision beginning with the words
'*and aU officials," to the end of the section as set forth here.

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THB TBBBITORIES AND IN8ULAB POSSESSIONS (Tit 23

ELECmONS
EXEMPTION or ELEOTOB8 ON ELECTION DAT

§ 3699. (Act April 30, 1900, c 339, § 57.) Electors privileged from
arrest on election day; exceptions.
Every elector shall be privileged from arrest on election 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. (31 Stat. 151.)

§ 3700. (Act April 30, 1900, c. 339, § 58.) MiUtary duty of electors
on election day.
No elector shall be so obliged to perform military 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. (31 Stat. 151.)

UETHOD or VOTINO TOE BEPEE8ENTATIVE8

§ 3701. (Act April 30, 1900, c. 339, § 59.) Method of voting for
representatives.

Each voter for representative may cast a vote for as many repre-
sentatives as are to be elected from die 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 he representa-
tives for such districts. (31 Stat. 151.)

QUALIFICATIONS OE V0TEB8 FOR EEPRE8ENTATIVE8

§ 3702. (Act April 30, 1900, c. 339, § 60.) Qualifications of elec-
tors for representatives.

In order to be qualified to vote for representatives a person shall —

First. Be a male citizen of the United States.

Second. Have resided in the Territory not less than one year pre-
ceding 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. (31 Stat. 151.)

METHOD or VOTINO FOE 8ENAT0B8

§ 3703. (Act April 30, 1900, c 339, § 61.) Method of voting for
senators.
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. (31 Stat. 152.)
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CIlSb) thb territories and insular possessions § 3708



QUAIJFICATIONB OF V0TEB8 FOB SENATOBS AND IN ALL OTHEB ELECTIONS

§ 3704. (Act April 30, 1900, c. 339, § 62.) Qualifications of elec-
tors for senators and in other elections.
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. (31 Stat. 152.)

§ 3705. (Act April 30, 1900, c. 339, § 63.) Persons in Territory by
reason of military or naval service not qualified electors.
No person shall be allowed to vote who is in the Territory by rea-
son of being in the Army or Navy or by reason of being attached to
troops in the service of the United States. (31 Stat. 152.)

§ 3706. (Act April 30, 1900, c. 339, § 65.) Boundaries of election
districts and precincts; apportionment of senators and repre-
sentatives.
The legislature of the Territory may from time to time establish and
alter the boundaries of election districts and voting precincts and ap-
portion the senators and representatives to be elected from such dis-
tricts. (31 Stat. 151.)

THE EXECUTIVE

THE BZEOOxivs POWEB

§ 3707. (Act April 30, 1900, c. 339, § 66.) Governor; appointment;

term; qualifications; commander of militia; power to pardon

or reprieve.
The executive power of the government of the Territory of Hawaii
shall be vested in a governor, who shall be appointed by the President,
by and Ayith 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 oflFenses 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. (31 Stat. 153.)

Sections 66-80 of this act were included in chapter 8 thereof, 'The Ex-
ecutive."

ENFORCEMENT OF LAW

§ 3708. (Act April 30, 1900, c. 339, § 67.) Governor to execute
laws; powers.

The governor shall be responsible for the faithful 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 sunvnon the posse comitatus, or call
out the militia of the Territory to prevent or suppress lawless vio-
lence, invasion, insurrection, or rebellion in said Territory, and he may,

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§ 3709 THS TBRRITORIB8 AND INSULAB POSSESSIONS (Tit. 23

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. (31 Stat. 153.)

OENEBAL POWCB8 OF THB OOVBBNOB

§ 3709. (Act April 30, 1900, c 339, § 68.) Former powers and du-
ties of President, ministers, etc., of Republic vested in governor
of territory.
All the powers and duties which, by the laws of Hawaii, are con-
ferred upon or required of the President or any minister of the Re-
public of Hawaii (acting alone or in connection with any other offi-
cer or person or body) or the cabinet or executive council, and not
inconsistent with the Constitution or laws, of the United States, are
conferred upon and required of the governor of the Territory of
Hawaii, unless otherwise provided. (31 Stat. 153.)

sscRETAmr or thv tebbctobt

§ 3710. (Act April 30, 1900, c 339, § 69.) Secretary of the terri-
tory; appointment; term; powers and duties.
There shall be a secretary of the said Territory, who shall be ap-
pointed 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 Terri-
tory of Hawaii and hold his office for four years and until his suc-
cessor 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, semi-
annually, 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.
(31 Sut 154.)

ACTINa OOVKBNOB III CEBTAIIf OOXITINOBNCIIS

§ 3711. (Act April 30, 1900, c. 339, § 70.) Secretary to act as gov-
ernor in case of death, etc., of governor.
In case of the death, removal, resignation, or disability of the
governor, or his absence from the Territory, the secretary shall exer-
cise all the powers and perform all the duties of governor during such
vacancy, disability, or absence, or until another governor is appointed
and qualified. (31 Stat. 154.)

▲TTOBNIT- OENSKAL

§ 3712. (Act April 30, 1900, c 339, § 71.) Attomey-generml ; pow-
ers and duties.
There shall be an attorney-general, who shall have the powers and
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Ch.3B) THE TBRBITOBIBS AND INSULAB POSSESSIONS § 3714

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 le^slature. (31 Stat. IM.)

TBEASX7BKB

§ 3713. (Act April 30, 1900, c. 339, § 72.) Treasurer; powers and
duties.

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 min-
ister of the interior which relate to licenses, corporations, companies,
and partnerships, business conducted by married women, newspapers,
r^stry 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. (31 Stat. 154.)

COMMISSIONER OF PUBLIC LANDS

§ 3714. (Act April 30, 1900, c. 339, § 73, as amended, Act April 2,
1908, c. 124, and Act May 27, 1910, c. 258, § 5.) Public lands.
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 imtil Con-
gress shall otherwise provide. That, subject to the approval o£ the
President, all sales, grants, leases, and other dispositions of the pub-
lic 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
ninety-nine, are hereby ratified and confirmed. In said laws "land
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 de-
clared my intention to becc«ne a citizen of the United States, as re-
quired by law," for the words "that I am a citizen by birth (or nat-
uralization) 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 Repub-
lic of Hawaii." And no lease of agricultural land shall be granted,
sold, or renewed by the government of the Territory of Hawaii for
a longer period than fifteen years, and in every such case the land,
or any part thereof so leased, may at any time during the term of
the lease be withdrawn from the operation thereof for homestead or
public purposes, in which case the rent reserved shall be reduced in
proportion to the value of the part so withdrawn, and every such
lease shall contain a provision to that effect. All funds 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 ap-
plied to such uses and purposes for the benefit of the inhabitants of

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§ 3714 THB TBRRITORIB8 AND INSULAB POSSBSBIONS (Tit 23

the Territory of Hawaii as arc 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
all lands heretofore set apart, or reserved, by Executive order, or
orders, by the President of the United States.

No person shall hereafter be entitled to receive any certificate of
occupation, right of purchase lease, cash freehold agreement, or spe-
cial homestead agreement who or whose husband or wife shall previ-
ously have taken or held any land under any such certificate, lease
or agreement hereafter made or issued, or imder any homestead lease
or patent based thereon ; or who or whose husband or wife, or both
of them, shall then own other land in the Territory, the combined
area of which and the land in question exceeds eighty acres ; or who
is an alien, unless he has declared his intention to become a citizen
of the United States as provided by law, nor shall any person who,
having so declared his intention, shall hereafter take or hold under
such certificate, lease, or agreement, continue so to hold or become
entitled to a homestead lease or patent of the land unless he shall
have become a citizen within five years after so taking.

No land for which any such certificate, lease, or agreement shall
hereafter be issued, or any part thereof or interest therein or control
thereof, shall, without the written consent of the commissicmer and
governor, thereafter, whether before or after a homestead lease or
patent has been issued thereon, be or be contracted to be in any
way, directly or indirectly, by process of law or otherwise conveyed,
mortgaged, leased, or otherwise transferred to or acquired or held
by or for the benefit of any alien or corporation ; or before or after
the issuance of a homestead or before the issuance of a patent, to or
by or for the benefit of any other person; or, after the issuance of
a patent, to or by or for the benefit of any person who owns, hoMs.
or controls, directly or indirectly, other land or the use thereof the
combined area of which and the land in question exceeds eighty
acres : Provided, That these prohibitions shall not apply to transfers
or acquisitions by inheritance or between tenants in common.

Any land in respect of which any of the foregoing provisions shall
be violated shall forthwith be forfeited and resume the status of pub-
lic land and m,ay be recovered by the Territory or its successors in
an action of ejectment or other appropriate proceeding. And non-
compliance with the terms of any such certificate, lease, or agreement,
or of the law applicable thereto, shall entitle the commissioner, with
the approval of the governor before patent has been issued, with or
without legal process, notice, demand, or previous entry, to retake
possession and thereby determine the estate: Provided, That the
times limited for compliance with any such terms may be extended
by the commissioner, with such approval, upon its appearing that an
eflFort has been made in good faith to comply therewith*

The persons entitled to take under any such certificate, lease, or
agreement shall be determined by drawing or lot, after public notice
as hereinafter provided; and any lot not taken, or taken and for-
feited, or any lot or part thereof surrendered with the consent of the

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Gi. 8b) the territories and insular possessions § 3714

commissionfer, which is hereby authorized, may be disposed of upon
application at not less than the advertised price by any such certificate,
lease, or agreement without further notice. The notice of any sale,
drawing, or allotment of public land shall be by publication for a
period of not less than sixty days in one or more newspapers of
general circulation published in the Territory.

The commissioner, with the approval of the governor, may give to
any citizen of the United States or to any person who has legally
declared his intention to become a citizen, and who shall hereafter
become such, which said person has, or who and whose predecessors
in interest have, improved any parcel of public lands and resided
thereori continuously since April thirtieth, nineteen hundred, a prefer-
ence right to purchase so much of such parcel and such adjoining
land as may reasonably be required for a home, at a fair price, to
be determined by three disinterested citizens appointed by the gov-
ernor, in the determination of which price the value of improvement
shall, when deemed just and reasonable, be disregarded: Provided,
however. That this privilege shall not extend to any original lessee or
to an assignee of an entire lease of public lands.

The commissioner may also, with such approval, issue, for a nom-
inal consideration, to any church or religious oi^nization, or person
or persons or corporation representing it, a patent for any parcel of
public land occupied continuously for not less than five years hereto-
before and still occupied by it as a church site under the laws of
Hawaii.

No sale of lands for other than homestead purposes, except as here-
in provided, and no exchange by which the Territory shall convey lands
exceeding either forty acres in area or five thousand dollars in value
shall be made. No lease of agricultural lands exceeding forty acres
in area, or of pastoral or waste lands exceeding two hundred acres
in area, shall be made without the approval of two-thirds of the
board of public lands which is hereby constituted, the members of
which are to be appointed by the governor as provided in section
eighty of this Act and until the legislature shall otherwise provide said
board shall consist of six members and its members be appointed for
terms of four years : Provided, however, That the commissioner may,
with the approval of said board, sell for residence purposes lots and
tracts, not exceeding three acres in area, and that sales of government
lands may be made upon the approval of said board whenever neces-
sary to locate thereon railroad rights of way, railroad tracks, side
tracks, depot pounds, pipe lines, irrigation ditches, pumping stations,
reservoirs, factories and mills and appurtenances thereto, including
houses for employees, mercantile establishments, hotels, churches, and
private schools, and all such sales shall be limited to the amount actu-
ally necessary for the economical conduct of such business or under-
taking: Provided further, That no exchange of government lands
shall hereafter be made without the approval of two-thirds of the
members of said board, and no such exchange shall be made except
to acquire lands directly for public uses.

Whenever twenty-five or more persons, having the qualifications of

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g 3714 THB TBRRITORIBS AND IKSULAB POSSESSIONS (Tit 23

homesteaders, who have not theretofore made application under this
Act shall make written application to the commissioner of public
lands for the opening of agricultural lands for settlement in any
locality or district, it shall be the duty of said commissioner to pro-
ceed expeditiously to survey and open for entry agricultural lands,
whether unoccupied or under lease with the right of withdrawal, suf-



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 39 of 150)