Изображения страниц
PDF
EPUB

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 mar shal to at once notify such persons so held of the termination of their contracts, That the Act approved February twenty-sixth, eighteen hundred and eightyfive, "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 supple mental thereto, be, and the 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 here after run in the name of "The Territory of Hawaii," and all prosecutions shal be carried on in the name and by the authority of the Territory of Hawaii.

CHAPTER II.-THE LEGISLATURE.

THE LEGISLATIVE POWER.

SEC. 12. 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.

The two houses shall be styled "The legislature of the Territory of 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 afte the first Monday in November, nineteen hundred, and every second year there after: Provided, however, That the governor may, in his discretion, on thirty days' notice, order a special election before the first general election, if. i 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, 42 qualifications of its own members.

DISQUALIFICATIONS OF LEGISLATORS,

SEC. 16. That no member of the legislature shall, during the term f which he is elected, be appointed or elected to any office of the Territory ¿ Hawaii.

DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND EMPLOYEES.

SEC. 17. That no person holding office in or under or by authority of th Government of the United States or of the Territory of Hawaii shall be eligib 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 expelle' from the legislature for giving or receiving bribes or being accessory there and no person who, in due course of law, shall have been convicted of an criminal offense punishable by imprisonment, whether with or without bar: labor, for a term exceeding one year, whether with or without fine, shall reg ister 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 the ger ernment of the Territory of Hawaii, shall take the following oath or affirms tion:

I solemnly swear (or affirm), in the presence of Almighty God, that I wi faithfully support the Constitution and laws of the United States, and consciertiously and impartially discharge my duties as a member of the legislature.

).

an officer of the government of the Territory of Hawaii (as the case may

[ocr errors][ocr errors][merged small]

SEC. 20. That the senate and house of representatives shall each choose = own officers, determine the rules of its own proceedings, not inconsistent th this Act, and 'keep a journal.

[ocr errors][merged small]

SEC. 21. That the ayes and noes of the members on any question shall, at e 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 house entitled shall constitute a quorum of such house for the conduct of ordinary siness, of which quorum à majority vote shall suffice; but the final passage a law in each house shall require the vote of a majority of all the members - which such house is entitled,

SEC. 23. That a smaller number than a quorum may adjourn from day oday, and compel the attendance of absent members, in such manner and nder such penalties as each house may provide.

SEC. 24. That, for the purpose of ascertaining whether there is a quorum resent, the chairman shall count the number of members present.

PUNISHMENT OF PERSONS NOT MEMBERS.

SEC. 25. That each house may punish by fine, or by imprisonment not exeeding thirty days, any person not a member of either house who shall be uilty of disrespect of such house by any disorderly or contemptuous behavior its presence or that of any committee thereof; or who shall, on account of he exercise of any legislative function, threaten harm to the body or estate f any of the members of such house; or who shall assault, arrest, or detain ny witness or other person ordered to attend such house, on his way going to r returning therefrom; or who shall rescue any person arrested by order of uch house.

1 ནི་ n

But the person charged with the offense shall be informed, in writing, of he charge made against bim, and have an opportunity to present evidence nd be heard in his own defense.

[ocr errors][merged small]

SEC. 26. That the members of the legislature shall receive for their servces, in addition to mileage at the rate of ten cents a mile each way, the sum of six hundred dollars for each regular session, payable in three equal installnents on and after the first, thirtieth, and fiftieth days of the session, and the Sum of two hundred dollars for each special session: Provided. That they shall receive no compensation for any extra session held under the provisions of section fifty-four of this Act. [As amended by s. 2, act of May 27, 1910.]

'PUNISHMENT OF MEMBERS.

SEC. 27. 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.

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. 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 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.

[ocr errors]

THE SENATE.

NUMBER OF MEMBERS.

SEC. 30. That the Senate shall be composed of fifteen members, who sha!! 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. That vacancies caused by death, resignation, or otherwise shal be filled for the unexpired term at general or special elections.

SENATORIAL DISTRICTS.

SEC. 32. That for the purpose of representation in the senate, until other wise 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 elet 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 perse: 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.

NUMBER OF REPRESENTATIVES.

SEC. 35. That the house of representatives shall be composed of thir 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 eral or special election shall be until the next general election held thereafte

VACANCIES.

SEC. 37. That vacancies in the office of representative caused by desti resignation, or otherwise shall be filled for the unexpired term at special ele tions.

REPRESENTATIVE DISTRICTS.

SEC. 38. That for the purpose of representation in the house of represent

tives, until otherwise provided by law, the Territory is divided into the follos. ing representative districts, namely:

First district: That portion of the island of Hawaii known as Puna, H and Hamakua.

Second district: That portion of the island of Hawaii known as Ksz 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 soch of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pi to Mokapu Point.

Fifth district: That portion of the island of Oahu lying west and north the fourth district.

Sixth district: The islands of Kauai and Nuhau.

APPORTIONMENT.

SEC. 39. That the electors in the said districts shall be entitled to elect presentatives 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. That in order to be eligible to be a member of the house of reprentatives 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 is elected.

LEGISLATION.

SESSIONS OF THE LEGISLATURE.

SEC. 41. That the first regular session of the legislature shall be held on e third Wednesday in February, nineteen hundred and one, and biennially ereafter, in Honolulu.'

SEC. 42. That neither house shall adjourn during any session for more an three days, or sine die, without the consent of the other.

SEC. 43. That each session of the legislature shall continue not longer an sixty days, excluding Sundays and holidays: Provided, however, That the overnor may extend such session for not more than thirty days.

The governor may convene the legislature, or the senate alone, in special ession, and, in case the seat of government shall be unsafe from an enemy, ot, or insurrection, or any dangerous disease, direct that any regular or special -ssion shall be held at some other than the regular meeting place.

ENACTING CLAUSE-ENGLISH LANGUAGE.

SEC. 44. That the enacting clause of all laws shall be, "Be it enacted by e legislature of the Territory of Hawaii."

All legislative proceedings shall be conducted in the English language.

SEC. 45.

TITLE OF LAWS.

That each law shall embrace but one subject, which shall be xpressed in its title.

READING OF BILLS.

SEC. 46. That a bill in order to become a law shall, except as herein proided, pass three readings in each house, on separate days, the final passage f which in each house shall be by a majority vote of all the members to which uch house is entitled, taken by ayes and noes and entered upon its journal.

CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER.

SEC. 47. That every bill when passed by the house in which it originated, r in which amendments thereto shall have originated, shall immediately be ertified by the presiding officer and clerk and sent, to the other house for conideration.

,:,,

SIGNING BILLS.

SEC. 48. That, except as herein provided, all bills passed by the legislature hall, in order to be valid, be signed by the governor.

VETO OF GOVERNOR..

SEC. 49. That every bill which shall have passed the legislature shall be certified by the presiding officers and clerks of both houses, and shall thereupt be presented to the governor. If he approves it, he shall sign it, and it shal become a law. If the governor does not approve such bill, he may return h 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 each house of the legislature shall enter the same at large upon its journal and prceed to reconsider such bill, or part of a bill, and again vote upon it by age and noes, which shall be entered upon its journal.

If after such reconsideration such bill, or part of a bill, shall be approve by a two-thirds vote of all the members to which each house is entitled, it sh thereby become law.

FAILURE TO SIGN OR VETO.

SEC. 51. That if the governor neither signs nor vetoes a bill within t 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 day

If any bill shall not be returned by the governor within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a la in like manner as if he had signed it, unless the legislature by their adjour ment prevents its return, in which case it shall not be a law.

APPROPRIATIONS.

[ocr errors]

SEC. 52. That appropriations, except as herein otherwise provided. sha be made by the legislature. As amended by s. 3, act of May 27. 1910.] SEC. 53. That the governor shall submit to the legislature, at each regula session, estimates for appropriations for the succeeding biennial period.

SEC. 54. That in case of failure of the legislature to pass appropriat bills providing for payments of the necessary current expenses of carrying @ the government and meeting its legal obligations as the same are provided 5 by the then existing laws, the governor shall, upon the adjournment of t legislature, call it in extra session for the consideration of appropriation E and until the legislature shall have acted the treasurer may, with the adv of the governor, make such payments, for which purpose the sums appropri in the last appropriation bills shall be deemed to have been reappropris: And all legislative and other appropriations made prior to the date when t Act shall take effect, shall be available to the government of the Territory Hawaii.

LEGISLATIVE POWER.

SEC. 55. That the legislative power of the Territory shall extend to rightful subjects of legislation not inconsistent with the Constitution and of the United States locally applicable. The legislature, at its first res session after the census enumeration shall be ascertained, and from time time thereafter, shall reapportion the membership in the senate and hou representatives among the senatorial and representative districts on the basi of the population in each of said districts who are citizens of the Territory: the legislature shall not grant to any corporation, association, or indivi any special or exclusive privilege, immunity, or franchise without the appre of Congress; nor shall it grant private charters, but it may by general › permit persons to associate themselves together as bodies corporate for m facturing. agricultural, and other industrial pursuits, and for conducting business of insurance, savings banks, banks of discount and deposit (bat > of issue). loan, trust. and guaranty associations, for the establishment f conduct of cemeteries, and for the construction and operation of railro wagon roads, vessels, and irrigating ditches, and the colonization and impre ment of lands in connection therewith, or for colleges, seminaries, chutan,

« ПредыдущаяПродолжить »