CHAP. 251.-An Act To extend the provisions of an Act entitled "An Act granting increase of pension to soldiers of the Mexican war in certain cases," approved January fifth, eighteen hundred and ninety-three. (1) April 23, 1900. 31 Stat. L., 147. Mexican war soldiers. 1893, Jan. 5., ch. Be it enacted, &c., That the benefits of the Act entitled "An Act granting increase of pension to soldiers of the Mexican war in certain cases," approved January fifth, eighteen hundred and ninety-three, be, 18 (2 Supp. R. S., and they are hereby, extended to all survivors of the Mexican war who 76). are pensionable under existing Mexican war service pension laws, and -increase of who have become or may hereafter become wholly disabled for manual pensions. labor and in such destitute circumstances that eight dollars per month are insufficient to provide them the necessaries of life, irrespective of the date of the granting of the said service pension. [April 23, 1900.] NOTE. (1) R. S., §§ 4730, 4731, provides a pension to soldiers of the Mexican war, their widows and children. By 1887, January 29, ch. 70 (1 Supp. R. S., 523), provision was made for a pension of $8 per month to those who served sixty days in the war with Mexico and were disabled, dependent, or reached 62 years of age, etc. By 1893, January 5, ch. 18 (2 Supp. R. S., 76), of which the act in the text is an extension, provision is made that the pension of such Mexican war soldiers as were on the rolls as receiving $8 per month and who are wholly disabled and in destitute circumstances might be increased to $12 per month. 66 CHAP. 252.-An Act To amend an Act entitled "An Act in relation to taxes and tax sales in the District of Columbia." (1) Be it enacted, &c., That section four of the Act of February twentyeighth, eighteen hundred and ninety-eight, entitled "An Act in relation to taxes and tax sales in the District of Columbia," be, and the same is hereby, amended by striking out all after the word "sale" in line eight of said section. [April 23, 1900.] NOTE.-(1) Section 4 of the act referred to in the text provides the terms upon which property sold for taxes may be redeemed, and the words to be omitted are, "together with any tax or assessment which the holder of said certificate shall have paid between the days of sale and redemption, with interest on the same at the rate of ten per centum per annum." CHAP. 339.-An Act To provide a government for the Territory of Hawaii. (1) Be it enacted, &c., CHAPTER I.-GENERAL PROVISIONS. DEFINITIONS. April 23, 1900. 31 Stat. L., 138. Dist. Columbia. Delinquent tax sales, redemption by owner. 1898, Feb. 28, ch. 32, § 4 (2 Supp. R. S., 732). April 30, 1900. 31 Stat. L., 141. Hawaii. Provisions for government. General provisions. Definitions. "Laws of Ha SEC. 1. That the phrase "the laws of Hawaii," as used in this Act without qualifying words, shall mean the constitution and laws of the waii" defined. Republic of Hawaii, in force on the twelfth day of August, eighteen NOTE.-(1) By 1898, July 7, Res. No. 55 (2 Supp. R. S., 895), provision is made for the annexation of the Hawaiian Islands. By 1900, May 26, ch. 586, post, p. 1175, the pay of army officers and enlisted men serving in Hawaii is increased. By 1900, May 26, ch. 589, post, p. 1178, provision is made for customs officers for Hawaii. By 1900, May 31, ch. 600, post, p. 1184, the provisions facilitating the entry of steamships engaged in the coasting trade are extended to trade between the United States and Hawaii. By 1900, May 31, Res. No. 28 (31 Stat. L., 718), certain lands on the island of Oahu, Hawaii, are withdrawn from the public domain. By 1901, March 3, ch. 858, post, p. 1806, provision is made for the establishment and discontinuance of subports of entry and delivery in Hawaii. By 1901, March 3, ch. 871, post, p. 1812, receipts from duties on imports in the Hawaiian Islands may be deposited in certain designated depositaries, etc. etc. "Civil laws," nundred 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 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 ninetyeight, are referred to in this Act as "Civil Laws," "Penal Laws," and "Session Laws." Name of annexed territory. 1898, July 7, TERRITORY OF HAWAII. SEC. 2. That the islands acquired by the United States of America. under an Act of Congress entitled "Joint resolution to provide for Joint Res. No. 55, annexing the Hawaiian Islands to the United States," approved July (2 Supp. R. S., seventh, eighteen hundred and ninety-eight, shall be known as the 895.) Territory of Hawaii. Government. Citizenship. Application of Federal laws. Submission of territorial laws to Congress. GOVERNMENT OF THE TERRITORY OF HAWAII. SEC. 3. That a Territorial government is hereby established over 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 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 vear 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, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as 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 Limitation on not apply to the Territory of Hawaii. real-estate hold ings by religious corporations. R. S., §§ 1850, 1890. LAWS OF HAWAII. Existing laws SEC. 6. That the laws of Hawaii not inconsistent with the Constitucontinued in force. tion 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. Existing laws repealed. -civil laws. SEC. 7. 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: 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 thirtyfour, 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 fiftyone, 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 sixtyfive, 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 thirtyone, 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 fiftyeight, 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 re PENAL LAWS: Chapter six, Treason; section sixty-five to sixty-seven, inclusive, Foot binding; chapter seventeen, Violation of postal laws; pealed. 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 ninetysix 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 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 nundred and forty-five to eleven hundred and Session laws repealed. Certain offices abolished. Change in official titles. Construction of existing statutes. Existing obliga fected. fenses. 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 ninetynine, Sailing regulations. SESSION LAWS: Act fifteen, Elections; Act twenty-six, Duties; Act 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, 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 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. SEC. 10. That all rights of action, suits at law and in equity, prosetions, etc., unaf- cutions, 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 -existing of of or against the government of the Territory of Hawaii. All offenses which by statute then in force were punishable as offenses against the 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., 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 Territory of Hawaii: proceedings. etc. Suits on .con Provided, That no suit or proceedings shall be maintained for the tracts for labor, 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 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. definite term of That all contracts made since August twelfth, eighteen hundred and Contracts for a ninety-eight, by which persons are held for service for a definite term, service void, etc. 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. cable. That the Act approved February twenty-sixth, eighteen hundred Contract labor and eighty-five, "To prohibit the importation and migration of for- laws made applieigners and aliens under contract or agreement to perform labor in 1885, Feb. 26, the United States, its Territories, and the District of Columbia," and ch. 164 (1 Supp. the Acts amendatory thereof and supplemental thereto, be, and the R. S., 479). same are hereby, extended to and made applicable to the Territory of Hawaii. STYLE OF PROCESS. SEC. 11. 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 LEGISLATIVE POWER. Style of process. The legislature. -to consist of SEC. 12. That the legislature of the Territory of Hawaii shall consist of two houses, styled, respectively, the senate and house of repre- two houses. sentatives, which shall organize and sit separately, except as otherwise herein provided. The two houses shall be styled "The legislature of the Territory of style. Hawaii." SEC. 13. 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. That a general election shall be held on the Tuesday next after the first Monday in November, nineteen hundred, and every 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. EACH HOUSE JUDGE OF QUALIFICATIONS OF MEMBERS. SEC. 15. That each house shall be the judge of the elections, returns, and qualifications of its own members. DISQUALIFICATIONS OF LEGISLATORS. -qualifications of members. SEC. 16. That no member of the legislature shall, during the term Disqualifications for which he is elected, be appointed or elected to any office of the of legislators. Territory of Hawaii. DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND EMPLOYEES. SEC. 17. That no person holding office in or under or by authority Government ofof the Government of the United States or of the Territory of Hawaii ficers ineligible as shall be eligible to election to the legislature, or to hold the position legislators. of a member of the same while holding said office |