Sec. 43. Duration of Session Extra and Special Sessions, 195. 44. Enacting Clause-English Language, 195. 45. Title of Laws, 195. 46. Reading of Bills, 195. 47. Certification of Bills from One House to the Other, 196. 48. Signing Bills, 196. 49. Veto of Governor, 196. 50. Procedure upon Receipt of Veto, 196. 51. Failure to Sign or Veto, 196. 52. Appropriations, 196. 53. Estimates for Appropriations, 197. 54. Failure to Appropriate for Current Expenses - Extra Session, 197. 55. Legislative Power, 197. 56. Town, City, and County Government, 198. Elections, 198. Sec. 57. Exemption of Electors on Election Day, 198. 59. Method of Voting for Representatives, 199. 60. Qualifications of Voters for Representatives, 199. 62. Qualifications of Voters for Senators and in All Other 63. Disqualification of Persons in Military Service, 199. 64. Rules and Regulations for Administering Oaths and Holding Elections Ballou's Compilation, 200. 65. Altering Boundaries of Election Districts, 201 Chapter III. THE EXECUTIVE, 201. Sec. 66. The Executive Power, 201. 67. Enforcement of Law, 201. 68. General Powers of the Governor, 201. 69. Secretary of the Territory, 201. 70. Acting Governor in Certain Contingencies, 202. 71. Attorney-General, 202. 72. Treasurer, 202. 73. Commissioner of Public Lands, 202. 74. Commissioner of Agriculture and Forestry, 203. 75. Superintendent of Public Works, 203. 76. Superintendent of Public Instruction - Labor Statistics, 78. Surveyor, 204. 79. High Sheriff, 204. 80. Appointment, Removal, Tenure, and Salaries of Officers, 204. Chapter IV. THE JUDICIARY, 205. Sec. 81. The Judiciary, 205. 82. Supreme Court, 205. 83. Laws Continued in Force, 205. 84. Disqualification by Relationship, Pecuniary Interest, or Previous Fudgment, 206. Chapter V. UNITED STATES OFFICERS, 206. Sec. 85. Delegate to Congress, 206. 86. Federal Court, 206. 87. Internal-revenue District, 207. Chapter VI. MISCELLANEOUS, 208. Sec. 89. Revenues from Wharves, 208. 90. Disposition of Hawaiian Postage Stamps, 208. 91. Disposition of Public Property Ceded to United States, 208. 92. Salaries of Officers, 208. Sec. 93. Imports from Hawaii into United States, 209. 95. Repeal of Laws Conferring Exclusive Fishing Rights, 209. 97. Quarantine, 210. 98. American Register for Certain Vessels, 210. 99. Crown Land Free from Trusts, etc., 210. 100. Naturalization, 210. 101. Certificates of Residence for Chinese, 211. 102. Postal Savings Banks, 211. 103. Surplus, etc., in Postal Savings Bank to Be Paid into United States Treasury, 211. 104. When Act Takes Effect, 212. Act of May 19, 1902, ch. 817, 212. Sec. 1. Term of Office of Senators, First Election, 212. 2. Senators and Terms, 212. CROSS-REFERENCES. Pay of Army Officers and Men Serving in Hawaii, see WAR DEPARTMENT AND MILITARY ESTABLISHMENT. Entry of Steamships Engaged in Coasting Trade, see SHIPPING AND NAVIGATION. Deposits of Receipts from Duties, see NATIONAL BANKS. Customs Officers and Ports, see CUSTOMS DUTIES, vol. 2, p. 576. Joint Resolution To provide for annexing the Hawaiian Islands to the United States. [Resolution No. 55 of July 7, 1898, 30 Stat. L. 750.] [Preamble.] Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore, [SEC. 1.] [Cession accepted.] That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America. [Public-land laws not applicable- disposition of proceeds from land sales.] The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. [Existing government.] Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned. [United States treaties to replace existing treaties.] The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations. [Municipal legislation to continue.] The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine. [Customs laws.] Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged. [United States to assume public debt.] The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed four million dollars. So long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued as herein before provided said Government shall continue to pay the interest on said debt. [Chinese immigration prohibited.] There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands. [Commissioners to recommend legislation.] The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper. [30 Stat. L. 750, 751.] This is the resolution known as the Newlands Resolution." Power to acquire territory by cession. The Constitution of the United States implies the power to acquire territory by cession or conquest, and that power carries with it all proper and incidental power. Peacock v. Republic of Hawaii, (1899) 12 Hawaii 27. See also PHILIPPINE ISLANDS; PORTO RICO. Annexation. - Until this resolution was signed by the President, the republic of Hawaii possessed all the attributes of sovereignty; on the consummation of annexation all the rights of sovereignty were relinquished by the republic and granted to the United States. During the period taken by the federal government to perfect a new system all the functions of the government remained for exercise by the existing republic. Spencer v. McStocker, (1898) 11 Hawaii 581. Date of formal transfer.-Though the resolution of annexation was passed July 7, 1898, the formal transfer was not made until August 12, when, at noon of that day, the American flag was raised over the government house, and the islands ceded with appropriate ceremonies to a representative of the United States. Hawaii v. Mankichi, (1903) 190 U. S. 197. While the purpose was to acquire and extend the sovereignty of the United States over the islands, it was proposed only to provide, by the resolution of annexation, a provisional government until Congress should become possessed of the information necessary to enable it to determine what should be the permanent status of the annexed territory. The meaning of the resolution thus indicated by its terms is reflexly demonstrated by the Act of April 30, 1900 (infra, p. 186), by which the islands were undoubtedly made a part of the United States in the fullest sense, and given a territorial form of government. The mere annexation did not effect the incorporation of the islands into the United States, and the provisions of the Constitution as to grand and petit juries were not, by the resolution of annexation, made applicable. Hawaii v. Mankichi, (1903) 190 Ü. S. 197. Extension of Constitution to Hawaii. One of the grounds for believing that Congress did not intend to fully extend the Constitution to Hawaii or fully incorporate those islands as an integral part of the United States, is the construction put upon the resolution by Congress itself as shown by the Organic Act of April 30, 1900. Ex p. Áh Oi, (1901) 13 Hawaii 534. All municipal legislation contrary to the Constitution of the United States ceased to be of force or effect after the twelfth day of August, 1898. Ex p. Edwards, (1900) 13 Hawaii 32. The power to permit the government of a newly acquired territory to continue for such reasonable time as may be deemed necessary and proper by the political department of the acquiring government, is one of the incidental powers carried with the sovereign power to acquire territory; and this is so whether the territory is acquired by cession or conquest, by treaty or joint resolution. Peacock r. Republic of Hawaii, (1899) 12 Hawaii 27. Between annexation and the organization of the territory, the laws of Hawaii, with certain exceptions, remained in force. Republic of Hawaii v. Edwards, (1898) 11 Hawaii 571. In continuing the municipal legislation of the island not contrary to the Constitution of the United States it was not intended to abolish at once the criminal procedure theretofore in force upon the islands, and to substitute immediately, and without legislation, the common-law proceedings by grand and petit jury which had been held applicable to other organized territories. Hawaii v. Mankichi, (1903) 190 U. S. 197. Inconsistent Hawaiian law. Any law of the Hawaiian Islands inconsistent with the terms of this resolution of annexation is invalid and inapplicable. (1898) 22 Op. Atty.Gen. 249. The vessel registry laws of Hawaii were not abrogated immediately upon annexation. Spencer r. McStocker, (1899) 12 Hawaii 66, (1898) 11 Hawaii 581. Customs laws and regulations. Under this resolution, until Congress acted, the government of Hawaii had the lawful right to collect customs duties prescribed by its laws. Peacock r. Republic of Hawaii, (1899) 12 Hawaii 27. The provision above, relative to customs laws and regulations, is a valid exercise of power by Congress. Ex p. Ah Oi, (1901) 13 Hawaii 546. The provision that existing customs relations of the Hawaiian Islands with the United States and other countries should remain unchanged until legislation should be enacted extending the United States customs laws to such islands, was only declaratory of what would have been, without expression, the proper construction of the resolution so far as the tariff laws of the United States are concerned. (1899) 22 Op. Atty.-Gen. 565. This resolution was held to be constitutional against the following objections: First. That the Constitution of the United States is in full force and effect in all the territory of the United States. Second. That among the limitations to which Congress is subjected in dealing with territories is the requirement that all duties, etc., shall be uniform throughout the United States. Third. That one of the limitations under which Congress legislates is that no tax or duty shall be laid on articles exported from any state. Fourth. That the Tariff Act levying duties upon articles imported from foreign countries does not apply to goods brought into one of the ports of the United States from a place which has theretofore been annexed as part of the territory of the United States. Crossman v. U. S., (1900) 105 Fed. Rep. 608. Chinese immigration. By virtue of the above provision relating to Chinese immigration, United States laws upon the subject were extended to and put in force in the Hawaiian Islands. Matter of Wong Tuck, (1899) 11 Hawaii 600. See Matter of Ah Ho, (1899) 11 Hawaii 654. The secretary of the treasury has authority to admit to the Hawaiian Islands such Chinese persons as departed therefrom under regulations of the existing government allowing them to return, as they are not excluded by the extension to the islands of the law and regulations now operative within the United States. (1899) 22 Op. Atty.-Gen. 353. There is nothing in this resolution, nor in any law of Congress, which would prevent the entrance into these islands of Chinese legally resident in the United States and holding certificates of registration. "The further immigration" of Chinese forbidden by this resolution is immigration from countries other than the United States. The question of the right of such Chinese persons to return to the United States from the Hawaiian Islands is not decided. (1901) 23 Op. Atty.Gen. 487. The restrictions placed upon the admission to the United States of Chinese persons of the exempt class, and the regulations affecting the departure and return to this country of registered Chinese laborers, are to be held applicable to Chinese persons applying for admission to the Hawaiian Islands or to such persons residing there who may wish to depart with the intention of returning. (1898) 22 Op. Atty.-Gen. 249. Public lands. In 1899 Attorney-General Griggs ruled as follows in a communication to the President respecting the public lands of the Hawaiian Islands: Congress having failed to legislate on the subject of public lands for the Hawaiian Islands, the government of Hawaii is not reinvested with its former power of their disposition. The Hawaiian Republic, as a separate and sovereign power, ceased to exist when the resolution of annexation took effect, and it exists as an organized government only for the purpose of municipal legislation and for such special purposes as were expressed in the resolution, the sale and disposition of the public lands not being one of the latter class. The term "municipal legislation" is limited to that class of laws that relates solely to the internal affairs of the country and the relations of the people to each other. By the resolution of annexation the public property of Hawaii, including the lands, became vested in the United States, and only by their authority or direction can those lands be disposed of. All interest of the Republic of Hawaii in public lands at the time the resolution of annexation took effect was thereby transferred to the United States, and thenceforth the officials of Hawaii were without power to convey by grant or cession the legal or equitable title of the United States. The resolution of annexation took effect as of the date of its approval, to wit, July 7, 1898, with respect to public lands, and not Aug. 12, 1898, the date on which the cere monies took place formally transferring pos session. The Hawaiian government has no power to convey or confirm title to public lands where conditional sales or entries were made prior to the resolution of annexation, and the conditions entitling such persons or entrymen to a grant have been subsequently performed. (1899) 22 Op. Atty.-Gen. 627. By the resolution of annexation the local government of Hawaii was deprived of all authority to dispose of public lands in any manner whatsoever, except by virtue of special laws enacted by Congress. The officers of the Hawaiian government have no authority to sell or otherwise dispose of the public lands in the Hawaiian Islands, and any such sales or agreements to sell are absolutely null and void as against the government of the United States. (1899) 22 Op. Atty.-Gen. 574. Criminal convictions and verdicts rendered before the legislature could act, in accordance with existing legislation, but not in accordance with the Constitution of the United States, are not nullified by this resolution. Hawaii v. Mankichi, (1903) 190 U. S. 197. During the transition period between annexation and territorial organization, felons could be lawfully prosecuted without the intervention of the grand jury, and convicted by nine out of twelve petit jurors. Republic of Hawaii v. Edwards, (1899) 12 Hawaii 55; Hawaiian Star Newspaper Assoc. v. Saylor, (1898) 12 Hawaii 64; Ex p. Mankichi, (1901) 13 Hawaii 570, affirmed Ex p. Ah Oi, (1901) 13 Hawaii 534. No person could be put upon trial for an infamous crime after Aug. 12, 1898, without having been first indicted by a grand jury, nor could one be convicted of such a crime save by the unanimous verdict of twelve jurors. Ex p. Edwards, (1900) 13 Hawaii 32. In fixing upon the proper construction to be given to this resolution it is important to bear in mind the history and condition of the islands prior to their annexation. This history and condition is reviewed by Mr. Justice Brown in Hawaii v. Mankichi, (1903) 190 U. S. 197. SEC. 2. [Appointment of commissioners.] That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate. [30 Stat. L. 751.] SEC. 3. [Appropriation.] That the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. L. 751.] An Act To provide a government for the Territory of Hawaii. [Act of April 30, 1900, ch. 339, 31 Stat. L. 141.] DEFINITIONS. [30 Stat. 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 Republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninetyeight, 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 |