ment owned water, Contract for privately owned surplus main proceedings. (1) to use, free of all charge, Government-owned water not covered Free use of Governby any water license or covered by a water license issued after the etc. passage of this Act, or covered by a water license issued previous to the passage of this Act but containing a reservation of such water for the benefit of the public, and (2) to contract with any person for the right to use or to acquire, under eminent domain proceedings water, etc. similar, as near as may be, to the proceedings provided in respect to land by sections 667 to 678, inclusive, of the Revised Laws of Hawaii of 1915, the right to use any privately owned surplus water or any Government-owned surplus water covered by a water license issued previous to the passage of this Act, but not containing a reservation of such water for the benefit of the public. Any such acquirement Under eminent doshall be held to be for a public use and purpose. The commission may institute the eminent domain proceedings in its own name. (d) The commission is authorized, for the additional purpose of owned water, etc. adequately irrigating any tract, to use, free of all charge, Government-owned water upon the island of Molokai and Governmentowned surplus water tributary to the Waimea River upon the island of Kauai, not covered by a water license or covered by a water license issued after the passage of this Act. Any water license issued after the passage of this Act and covering any such Govern- from designated ment-owned water shall be deemed subject to the condition, whether or not stipulated therein, that the licensee shall, upon the demand of the commission, grant to it the right to use, free of all charge, any of the water upon the island of Molokai, and any of the surplus water tributary to the Waimea River upon the island of Kauai, which is covered by the license and which the commission deems necessary for the additional purpose of adequately irrigating any tract. Other Government Future licenses to grant free use of water, sources. Right to use ditches (e) All rights conferred on the commission by this section to use, or pipe lines. contract for, acquire the use of water shall be deemed to include the right to use, contract for, or acquire the use of any ditch or pipe line constructed for the distribution and control of such water and necessary to such use by the commission. mission for expenses, Payable from home SEC. 222. The commission may make such regulations and, with Authority of comthe approval in writing of the governor of the Territory, may make etc. such expenditures including salaries, and appoint and remove such employees and agents, as are necessary to the efficient execution of the functions vested in the commission by this title. All expendi- loan fund. tures of the commission shall be allowed and paid, and all moneys necessary for loans made by the commission in accordance with the provisions of this title advanced, from the Hawaiian home loan fund upon the presentation of itemized vouchers therefor, approved by the chairman of the commission. The commission shall make a ture. biennial report to the legislature of the Territory upon the first day of each regular session thereof and such special reports as the legis- Bond of executive lature may from time to time require. The executive officer and officer and secretary. secretary shall give bond in the sum of $25,000 for the faithful performance of his duties. The sureties upon the bond and the conditions thereof shall be approved annually by the commission. SEC. 223. The Congress of the United States reserves the right to reserved. alter, amend, or repeal the provisions of this title. TITLE 3.-AMENDMENTS TO HAWAIIAN ORGANIC ACT. SEC. 301. Section 26 of the Hawaiian Organic Act is hereby amended to read as follows: Reports to legisla Right to alter, etc., Organic Act amendments. Legislature. Pay of members in amended. "SEC. 26. That the members of the legislature shall receive for creased. their services, in addition to mileage at the rate of 20 cents a mile Vol. 36, p. 444, each way, the sum of $1,000 for each regular session, payable in three equal installments on and after the first, thirtieth, and fiftieth Proviso. Extra session. ed. etc., omitted. Territorial indebted days of the session, and the sum of $500 for each special session: Provided, That they shall receive no compensation. for any extra session held under the provisions of section 54 of this Act." SEC. 302. Section 55 of the Hawaiian Organic Act is hereby amended Limit of corporation by deleting therefrom that portion thereof which reads: "Provided, real estate holdings, That no corporation, domestic or foreign, shall acquire and hold real estate in Hawaii in excess of one thousand acres, and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States, but existing vested rights in real estate shall not be impaired," and by amending so much Matter stricken vol of section 55 as reads, "and the total indebtedness of the Territory shall not at any time be extended beyond 7 per centum of such assessed value of property in the Territory," to read as follows: "and the total indebtedness of the Territory shall not at any time be extended beyond 10 per centum of such assessed value of property in the Territory." ness. 36, p. 444, amended. out. Maximum increased. Executive power. Governor. Appointment term. ed. and Qualifications, etc. SEC. 303. Section 66 of the Hawaiian Organic Act is hereby amended to read as follows: "SEC. 66. That the executive power of the government of the TerVol.31, p. 153, amend- ritory of Hawaii shall be vested in a governor, who shall be appointed by the President, by and with 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 Citizenship require the President. He shall be not less than thirty-five years of age; shall be a citizen of the Territory of Hawaii; shall have resided therein for at least three years next preceding his appointment; shall be commander in chief of the militia thereof; and may grant pardons or reprieves for offenses 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." ment. Public lands. Vol. 31, p. 154, amended. Meaning of terms. "Commissioner." "Land board." "Public lands." Exceptions: "Person." SEC. 304. The first, second, and third paragraphs of section 73 of the Hawaiian Organic Act are hereby amended to read as follows: "SEC. 73. (a) That when used in this section "(1) The term 'commissioner' means the commissioner of public lands of the Territory of Hawaii; "(2) The term 'land board' means the board of public lands, as provided in subdivision (1) of this section; "(3) The term 'public lands' includes all lands in the Territory of Hawaii classed as government or crown lands previous to August 15, 1895, or acquired by the government upon or subsequent to such date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; except (1) lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, (2) lands set apart or reserved by Executive order by the President, (3) lands set aside or withdrawn by the governor under the provisions of subdivision (g) of this section, (4) sites of public buildings, lands used for roads, streets, landings, nurseries, parks, tracts reserved for forest growth or conservation of water supply, or other public purposes, and (5) lands to which the United States has relinquished the absolute fee and ownership, unless subsequently placed under the control of the commissioner and given the status of public lands in accordance with the provisions of this Act, the Hawaiian Homes Commission Act, 1920, or the Revised Laws of Hawaii of 1915; and "(4) The term 'person' includes individual, partnership, corpora Meaning of terms in tion, and association. Hawaiian laws to be the same as herein. "(b) Any term defined or described in section 347 or 351 of the Revised Laws of Hawaii of 1915, except a term defined in subdivision (a) of this section, shall, whenever used in this section, if not inconsistent with the context or any provision of this section, have the same meaning as given it by such definition or description. waiian land laws, etc. "(c) The laws of Hawaii relating to public lands, the settlement of Continuance of Haboundaries, and the issuance of patents on land commission awards, except as changed by this Act, shall continue in force until Congress shall otherwise provide. Subject to the approval of the President, all sales, grants, leases, and other dispositions of the public domain, and agreements concerning the same, and all franchises granted by the Hawaiian government in conformity with the laws of Hawaii, between the 7th day of July, 1898, and the 28th day of September, 1899, are hereby ratified and confirmed. In said laws 'land patent' terms. 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 declared my intention to become a citizen of the United States, as required by law,' for the words 'that I am a citizen by birth (or naturalization) 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 Republic of Hawaii.' ed. Substitution of Leases of agricultural Withdrawal for "(d) No lease of agricultural lands or of undeveloped arid public lands. land which is capable of being converted into agricultural land by the Vol. 31, p. 155, amenddevelopment, for irrigation purposes, of either the underlying or adjacent waters, or both, shall be granted, sold, or renewed by the government of the Territory of Hawaii for a longer period than fifteen years. Each such lease shall be sold at public auction to the highest bidder after due notice as provided in subdivision (h) of this section and the laws of the Territory of Hawaii. Each such notice shall state all the terms and conditions of the sale. The land, or any part homesteads, etc. 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. Every such lease shall contain a provision to that effect: Provided, That the commissioner may, with the approval of the governor and at least two-thirds of the members of the land board, omit such withdrawal provision from the lease of any lands suitable for the cultivation of sugar cane whenever he Land so leased deems it advantageous to the Territory of Hawaii. shall not be subject to such right of withdrawal. "(e) All funds arising from the sale or lease or other disposal of Disposal of funds. public land shall be 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 7, 1898. Proviso. Not subject to withdrawal. Vol. 30, p. 750. Issue of certificates, Vol. 36, p.444, amend "(f) No person shall be entitled to receive any certificate of leases, and agreements, occupation, right of purchase lease, cash freehold agreement, or limited. special homestead agreement who, or whose husband or wife, has ed. previously taken or held more than ten acres of land under any such certificate, lease, or agreement made or issued after May 27, 1910, or under any homestead lease or patent based thereon; or who, or whose husband or wife, or both of them, owns 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. No person who has so declared his intention and taken or held under any such certificate, lease, or agreement shall continue so to hold or become entitled to a homestead lease or patent of the land, unless he becomes a citizen within five years after so taking. Transfers to corpora "(g) No public land for which any such certificate, lease, or agree- tions or aliens rement is issued after May 27, 1910, or any part thereof, or interest stricted. therein or control thereof, shall, without the written consent of the Vol.36, p. 445, amend ed. To another person. Limitation. Inheritances, not included. etc., Letterings of para graphs. ed. commissioner and governor, thereafter, whether before or after a homestead lease of 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 lease 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, or holds, or controls, directly or indirectly, other land or the use thereof, the combined area of which and the land in question exceeds eighty acres. The prohibitions of this paragraph shall not apply to transfers or acquisitions by inheritance or between tenants in common." SEC. 305. The fourth and fifth paragraphs of section 73 of the Vol. 36, p. 445, amend- Hawaiian Organic Act are hereby amended by inserting "(h)" at the beginning of the fourth paragraph and “(i)” at the beginning of the fifth paragraph. to Preference right of citizen residents purchase lands homes. ed. for SEC. 306. The sixth paragraph of section 73 of the Hawaiian Organic Act is hereby amended to read as follows: (j) The commissioner, with the approval of the governor, may give to any person (1) who is a citizen of the United States or who Vol. 36, p. 445, amend- has legally declared his intention to become a citizen of the. United States and hereafter becomes such, and (2) who has, or whose predecessors in interest have, improved any parcel of public lands and resided thereon continuously for the ten years next preceding the application to purchase, a preference 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 to be appointed by the governor. In the determination of such purchase price the commissioner may, if he deems it just and In lieu of reserved reasonable, disregard the value of the improvements on such parcel and adjoining land. If such parcel of public lands is reserved_for public purposes, either for the use of the United States or the Territory of Hawaii, the commissioner may with the approval of the governor grant to such person a preference right to purchase public Lessees of public lands which are of similar character, value, and area, and which are situated in the same land district. The privilege granted by this paragraph shall not extend to any original fessee or to an assignee of lands. lands not included. Lettering of para- an entire lease of public lands." graph. Vol. 36, p. 445, amended. Limit of area value. or Vol. 36, p. 446, amend ed. lands. Board constituted. Vol. 31, p. 156. SEC. 307. The seventh paragraph of section 73 of the Hawaiian Organic Act is hereby amended by inserting “(k)" at the beginning thereof. SEC. 308. The eighth paragraph of section 73 of the Hawaiian Organic Act is hereby amended to read as follows: (1) No sale of lands for other than homestead purposes, except as herein provided, and no exchange by which the Territory shall Leases of agricul- convey lands exceeding either forty acres in area or $5,000 in value tural, pastoral, or waste shall be made. No lease of agricultural lands exceeding forty acres Approval of board. 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 80 of this Act, and until the legislature shall otherwise provide said board shall consist of six members, and its members be appointed Sales of residence for a term of four years: Provided, however, That the commissioner utilities, etc. public shall, with the approval of said board, sell to any citizen of the United States, or to any person who has legally declared his intention to become a citizen, 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 necessary to locate thereon railroad rights of way, railroad tracks, side tracks, Provisos. lands for depot grounds, 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 actually necessary for the economical conduct of such business or undertaking: Provided further, That no exchange of Government Exchanges limited. 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." graph. SEC. 309. The ninth paragraph of section 73 of the Hawaiian Lettering of paraOrganic Act is hereby amended by inserting "(m)" at the beginning Vol. 36, p. 446, amend thereof. ed. toral lands. SEC. 310. The tenth paragraph of section 73 of the Hawaiian Agricultural and pasOrganic Act is hereby amended to read as follows: stead entries. Surveys for home Vol. 36, p. 446, amend ed. Area allowed. (n) It shall be the duty of the commissioner to cause to be surveyed and opened for homestead entry a reasonable amount of desirable agricultural lands and also of pastoral lands in the various parts of the Territory for homestead purposes on or before January 1, 1911, and he shall annually thereafter cause to be surveyed for homestead purposes such amount of agricultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualifications of homesteaders. In laying out any homestead the commissioner shall include in the homestead lands sufficient to support thereon an ordinary family, but not exceeding eighty acres of agricultural lands and two hundred and fifty acres of first-class pastoral lands or five hundred acres of second-class pastoral lands; or in case of a homestead, including pastoral lands only, not exceeding five hundred acres of first-class pastoral lands or one thousand acres of second-class pastoral lands. All necessary expenses for surveying and opening any such lands lic land sales, etc. for homesteads shall be paid for out of any funds of the Territorial treasury derived from the sale or lease of the public lands, which funds are hereby made available for such purposes. Expenses from pub Possession to con homesteader. "(o) The commissioner, with the approval of the governor, may tinue with leaseholder by contract or agreement authorize any person who has the right until lands taken by of possession, under a general lease from the Territory, of agricultural or pastoral lands included in any homestead, to continue in possession of such lands after the expiration of the lease until such time as the homesteader takes actual possession thereof under any form of homestead agreement. The commissioner may fix in the contract or agreement such other terms and conditions as he deems advisable." SEC. 311. The eleventh and twelfth paragraphs of section 73 of the Hawaiian Organic Act are hereby amended by inserting "(p)" at the beginning of the eleventh paragraph and "(q)" at the beginning of the twelfth paragraph. SEC. 312. The fourth paragraph of section 80 of the Hawaiian Organic Act is hereby amended to read as follows: graphs. Lettering of para- amended. Officers. Citizenship and resi All officers appointed under the provisions of this section shall dence required. be citizens of the Territory of Hawaii and shall have resided therein Vol. 31, p. 156, amendfor at least three years next preceding their appointment." ed. SEC. 313. Section 86 of the Hawaiian Organic Act is hereby District court. amended to read as follows: ed. Established with "SEC. 86. (a) That there shall be established in the said Territory two judges. a district court, to consist of two judges, who shall reside therein and be called district judges, and who shall each receive an annual salary of $7,500. The said court while in session shall be presided over by only one of said judges. The two judges shall from time to time, either by order or rules of the court, prescribe at what times and in what class of cases each of them shall preside. The said two judges shall have the same powers in all matters coming before said court." Division of cases. |