-exception. Commissioner of agriculture and forestry. Laws continued in force. 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 all lands heretofore set apart, or reserved, by Executive order, or orders, by the President of the United States. COMMISSIONER OF AGRICULTURE AND FORESTRY. SEC. 74. That the laws of Hawaii relating to agriculture and forestry, Change of terms. except as changed by this Act, shall continue in force, subject to modi fication by Congress or the legislature. In said laws "commissioner 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. -duties, etc. Change of terms. Superintendent of public instruction, duties, etc. Labor statistics. Auditor and deputy, duties, etc. SUPERINTENDENT OF PUBLIC WORKS. SEC. 75. That there shall be a superintendent of public works, who 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 now under 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 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 shail be a superintendent of public instruction, 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 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 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 iabor, and conditions of employment, and to report the same to Congress. AUDITOR AND DEPUTY AUDITOR. SEC. 77. 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 thirtynine 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. 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. 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. 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 next session of the senate. Surveyor. High sheriff. Appointment of officers. He may, by and with the advice and consent of the senate of the removal. Territory of Hawaii, remove from office any 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. Term of office. Appointment etc, of unspecified 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 officers. remove any officer whose appointment or removal is not otherwise provided for. 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. All officers appointed under the provisions of this section shall be citizens of the Territory of Hawaii. Salaries. Officers to be cit izens. successor appoint All persons holding office in the Hawaiian Islands at the time this Present incumAct takes effect shall continue to hold their respective offices until bents to hold until their successors are appointed and qualified, but not beyond the end ed. 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 one supreme court, circuit courts, and in such inferior courts as the The judiciary. -present laws legislature may from time to time establish. And until the legislature to continue in shall otherwise provide, the laws of Hawaii heretofore in force conforce, etc. cerning the several courts and their jurisdiction and procedure shall continue in force except as herein otherwise provided. Supreme Court. -of what to consist. -absence of justices. SUPREME COURT. SEC. 82. That the supreme court shall consist of a chief justice and 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 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. Juries. LAWS CONTINUED IN FORCE. SEC. 83. That the laws of Hawaii relative to the judicial department, 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 -repeal of cer- Republic of Hawaii which require juries to be composed of aliens or tain provisions. 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 -qualifications. race or place of nativity of the jurors; but no person who is not a male citizen 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 in a court of the Territory of Hawaii shall be entitled to a trial by a jury impaneled exclusively from persons of any race. -of only, etc. one race -grand juries. Until otherwise 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 Subpoena of wit- by the supreme court of the Territory of Hawaii. The several circuit nesses before courts may subpoena witnesses to appear before the grand jury in like grand jury. manner as they subpoena witnesses to appear before their respective courts. DISQUALIFICATION BY RELATIONSHIP, PECUNIARY INTEREST, OR PRE- Disqualification SEC. 84. That no person shall sit as a judge or juror in any case in of judge or jury. which his relative by affinity or by consanguinity within the third 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. United States officers. Delegate to Congress. CHAPTER 5.-UNITED STATES OFFICERS. DELEGATE TO CONGRESS. SEC. 85. 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. -election of. Federal court. Appointment of SEC. 86. That there shall be established in said Territory a district court to consist of one judge, who shall reside therein and be called 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 judge, etc. 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 office for six years unless sooner removed by the President. Said court shall have, in addition to the ordinary jurisdiction of Jurisdiction. 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 marshals of district and circuit courts of the United States. -laws made ap Writs of error and appeals from said district court shall be had and Appeals, etc. alowed 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 plicable. 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. 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 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 thousand dollars per annum, and shall appoint a reporter of said court at a salary of twelve hundred dollars per annum. INTERNAL-REVENUE DISTRICT. Terms of court. Clerk. Reporter. SEC. 87. That the Territory of Hawaii shall constitute a district for Internal-revenue the collection of the internal revenue of the United States, with a col- district. lector, whose office shall be at Honolulu, and deputy collectors at such 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 dis- Customs district. trict of the United States, with ports of entry and delivery at Honolulu, Hilo, Mahukona, and Kahului. (3) NOTE.-(3) For a review of legislation affecting the customs collection district of Hawaii and the ports of entry and delivery, see note to 1901, March 3, ch. 858, post, p. 1806. Revenues from wharves. Disposition of stamps. CHAPTER 6.-MISCELLANEOUS. REVENUES FROM WHARVES. SEC. 89. That until further provision is made by Congress the 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 Hawaiian postage 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. ceded to the Disposition of SEC. 91. That the public property ceded and transferred to the public property United States by the Republic of Hawaii under the joint resolution of United States. annexation, approved July seventh, eighteen hundred and ninety-eight, Joint Res. No. shall be and remain in the possession, use, and control of the govern55, 1898, July 7 (2 ment of the Territory of Hawaii, and shall be maintained, managed, Supp. R. S., 895). 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. Salaries of governor, etc. Governor to be SEC. 92. That the following officers shall receive the following annual salaries, to be paid by the United States: The governor, five 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, reimbursed forsta- the sum of five hundred dollars for stationery, postage, and incidentals; tionery, etc. also his traveling expenses while absent from the capital on official business, and the sum of two thousand dollars annually for his private secretary. -private secre tary. Imports from United States. IMPORTS FROM HAWAII INTO THE UNITED STATES. SEC. 93. That imports from any of the Hawaiian Islands, into any Hawaii into the 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, |