at Honolulu on the second Monday in April and October and at IIilo 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. Relation between federal and territorial courts. Congress intended to establish in Hawaii, between the federal court created by this Act and the system of territorial courts then existing, the relation which exists between the courts of the United States and the state courts in the several states. Congress had the power to create in the territory of Hawaii such a system of courts and to establish such a relation between them. The purpose to do this is manifest from the various provisions of the Act. Wilder's Steamship Co. v. Hind, (C. C. A. 1901) 108 Fed. Rep. 113. Laws relating to appeals. In this section we have the clearly expressed purpose of Congress to provide that the laws of the United States relating to appeals, writs of error, removal of causes, and other proceedings as between the courts of the United States and the courts of the several states, shall govern in like matters and proceedings as between the federal courts and the territorial courts of the territory of Hawaii. This can only be construed to mean that final decisions of the Supreme Court of the territory of Hawaii may be reviewed in a court of the United States only in such cases and upon such conditions as the decisions of the Supreme Court of a state might be thus reviewed, or, in other words, that no appeal shall lie to any United States Circuit Court of Appeals from the final judgment of the Supreme Court of the territory of Hawaii, and that the only appeal is to the Supreme Court of the United States, and only in such cases as are appealable to that court from the Supreme Court of a state. Wilder's Steamship Co. v. Hind, (C. C. A. 1901) 108 Fed. Rep. 113. And see Hind r. Wilder's Steamship Co., (1900) 13 Hawaii 174. It follows from this section that the jurisdiction of the Supreme Court to review judg ments of the courts of the territory of Hawaii is more restricted than is the jurisdiction to review the judgments of the courts of other organized territories, and is to be measured by the power conferred upon the Supreme Court to review judgments of state courts. Equitable L. Assur. Soc. v. Brown, (1902) 187 U. S. 308, citing Ex p. Wilder's Steamship Co., (1902) 183 U. S. 545. No order of the Supreme Court assigning the territory of Hawaii to a judicial eircuit under the Act of 1891, can give a writ of appeal inconsistent with the provision of this [31 Stat. L. 158.] section restricting such appeals to cases in which, by the laws of the United States, they are allowable to the courts of the United States from the courts of the several states. Ex p. Wilder's Steamship Co., (1902) 183 U. S. 545. The jurisdiction of the Circuit Court of Appeals for the Ninth Circuit does not extend to the review of a decree where the jurisdiction of the District Court, sitting as a Circuit Court, was invoked to determine whether a statute of the territory was in conflict with the Constitution of the United States. Wright v. MacFarlane, (C. C. A. 1903) 122 Fed. Rep. 770. Appeals to Circuit Court of Appeals Admiralty cases. This section expressly provides that writs of error and appeals from the District Court shall be allowed to the Circuit Court of Appeals in the Ninth Circuit. This jurisdiction conferred upon the Appellate Court is general and comprehensive. "There is no exception, either in terms or by implication; and the provision that follows in the section, that such writs of error and appeals shall be allowed in the same manner' as they are allowed from Circuit Courts to the Circuit Court of Appeals, cannot be construed as creating an exception excluding appellate jurisdiction in admiralty cases, because the Circuit Courts of the United States have no admiralty jurisdiction. Such a construction would defeat the appellate jurisdiction of the Circuit Court of Appeals in nearly all cases arising in the District Court of Hawaii, since the Circuit Courts of the United States have concurrent jurisdiction with the District Courts in but few cases. No such purpose can be attributed to Congress, particularly in view of the general terms of the appellate jurisdiction provided in the section." Wilder's Steamship Co. v. Low, (C. C. A. 1901) 112 Fed. Rep. 161. Cases in admiralty brought after this Act took effect must, of course, be brought in the District Court of the United States, and subject to the writ of appeal therein provided to the Circuit Court of Appeals for the Ninth Circuit. But as to cases in admiralty pending in the courts of Hawaii when the Act took effect, there is no special provision, and they therefore remain, like other civil cases, to be finally determined in the courts of the territory of Hawaii under the general provisions of section 10. Ex p. Wilder's Steamship Co., (1902) 183 U. S. 545. INTERNAL-REVENUE DISTRICT. SEC. 87. That the Territory of Hawaii shall constitute a district for the collection of the internal revenue of the United States, with a collector, 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. [31 Stat. L. 158.] CUSTOMS DISTRICT. SEC. 88. That the Territory of Hawaii shall comprise a customs district of" the United States, with ports of entry and delivery at Honolulu, Hilo, Mahukona, and Kahului. [31 Stat. L. 159.] 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. [31 Stat. L. 159.] [DISPOSITION OF HAWAIIAN POSTAGE STAMPS.] SEC. 90. That Hawaiian postage stamps, postal cards, and stamped 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. [31 Stat. L. 159.] [DISPOSITION OF PUBLIC PROPERTY CEDED TO THE UNITED STATES.] SEC. 91. That the public property ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, 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. [31 Stat. L. 159.] [SALARIES OF OFFICERS.] 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, the sum of five hundred dollars for stationery, postage, and incidentals; also his traveling expenses while absent from the capital on official business, and the sum of two thousand dollars annually for his private secretary. [31 Stat. L. 159.] IMPORTS FROM HAWAII INTO THE UNITED STATES. SEC. 93. That imports from any of the Hawaiian Islands, into any 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, eighteen hundred and ninety-eight, and before this Act takes effect, shall pay the same duties that are imposed on the same articles when imported into the United States from any foreign country. [31 Stat. L. 160.] INVESTIGATION OF FISHERIES. SEC. 94. That the Commissioner of Fish and Fisheries of the United States is empowered and required to examine into the entire subject of fisheries and the laws relating to the fishing rights in the Territory of Hawaii, and report to the President touching the same, and to recommend such changes in said laws as he shall see fit. [31 Stat. L. 160.] REPEAL OF LAWS CONFERRING EXCLUSIVE FISHING RIGHTS. SEC. 95. That all laws of the Republic of Hawaii which confer exclusive. fishing rights upon any person or persons are hereby repealed, and all fisheries in the sea waters of the Territory of Hawaii not included in any fish pond or artificial inclosure shall be free to all citizens of the United States, subject, however, to vested rights; but no such vested right shall be valid after three years from the taking effect of this Act unless established as hereinafter provided. [31 Stat. L. 160.] PROCEEDINGS FOR OPENING FISHERIES TO CITIZENS. SEC. 96. That any person who claims a private right to any such fishery shall, within two years after the taking effect of this Act, file his petition in a circuit court of the Territory of Hawaii, setting forth his claim to such fishing right, service of which petition shall be made upon the attorney-general, who shall conduct the case for the Territory, and such case shall be conducted as an ordinary action at law. That if such fishing right be established, the attorney-general of the Territory of Hawaii may proceed, in such manner as may be provided by law for the condemnation of property for public use, to condemn such private right of fishing to the use of the citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the Territory of Hawaii not otherwise appropriated. [31 Stat. L. 160.] 3 F. S. A.-14 209 Volume III. QUARANTINE. SEC. 97. That quarantine stations shall be established at such places in the Territory of Hawaii as the Supervising Surgeon-General of the Marine-Hospital Service of the United States shall direct, and the quarantine regulations for said islands relating to the importation of diseases from other countries shall be under the control of the Government of the United States. The quarantine station and grounds at the harbor of Honolulu, together with all the public property belonging to that service, shall be transferred to the Marine-Hospital Service of the United States, and said quarantine grounds shall continue to be so used and employed until the station is changed to other grounds which may be selected by order of the Secretary of the Treasury. The health laws of the government of Hawaii relating to the harbor of Honolulu and other harbors and inlets from the sea and to the internal control of the health of the islands shall remain in the jurisdiction of the government of the Territory of Hawaii, subject to the quarantine laws and regulations of the United States. [31 Stat. L. 160.] [AMERICAN REGISTER FOR CERTAIN VESSELS.] SEC. 98. That all vessels carrying Hawaiian registers on the twelfth day of August, eighteen hundred and ninety-eight, and which were owned bona fide by citizens of the United States, or the citizens of Hawaii, together with the following-named vessels claiming Hawaiian register, Star of France, Euterpe, Star of Russia, Falls of Clyde, and Wilscott, shall be entitled to be registered as American vessels, with the benefits and privileges appertaining thereto, and the coasting trade between the islands aforesaid and any other portion of the United States, shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts. [31 Stat. L. 161.] [CROWN LAND FREE FROM TRUSTS, ETC.] SEC. 99. That the portion of the public domain heretofore known as Crown land is hereby declared to have been, on the twelfth day of August, eighteen hundred and ninety-eight, and prior thereto, the property of the Hawaiian government, and to be free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues, and profits thereof. It shall be subject to alienation and other uses as may be provided by law. [31 Stat. L. 161.] [NATURALIZATION.] SEC. 100. That for the purposes of naturalization under the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed equivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands. [31 Stat. L. 161.] [CERTIFICATES OF RESIDENCE FOR CHINESE.] SEC. 101. That Chinese in the Hawaiian Islands when this Act takes effect may within one year thereafter obtain certificates of residence as required by "An Act to prohibit the coming of Chinese persons into the United States, approved May fifth, eighteen hundred and ninety-two, as amended by an Act approved November third, eighteen hundred and ninety-three, entitled "An Act to amend an Act entitled 'An Act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two,” and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificates: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands. [31 Stat. L. 161.] Chinese immigration. There is nothing in this Act nor in the resolution of annexation, nor in any law of Congress, which would prevent the entrance into these islands of Chi nese legally resident in the United States and holding the certificates of registration provided for by statute. (1901) 23 Op. Atty.Gen. 487. [POSTAL SAVINGS BANKS.] SEC. 102. That the laws of Hawaii relating to the establishment and conduct of any postal savings bank or institution are hereby abolished. And the Secretary of the Treasury, in the execution of the agreement of the United States as expressed in an Act entitled " Joint Resolution to provide for annexing the Hawaiian Islands to the United States," approved July seventh, eighteen hundred and ninety-eight, shall pay the amounts on deposit in the Hawaiian Postal Savings Bank to the persons entitled thereto, according to their respective rights, and he shall make all needful orders, rules, and regulations for paying such persons and for notifying such persons to present their demands for payment. So much money as is necessary to pay said demands is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be available on and after the first day of July, nineteen hundred, when such payments shall begin, and none of said demands shall bear interest after said date, and no deposit shall be made in said bank after said date. Said demands of such persons shall be certified to by the chief executive of Hawaii as being genuine and due to the persons presenting the same, and his certificate shall be sealed with the official seal of the Territory, and countersigned by its secretary, and shall be approved by the Secretary of the Interior, who shall draw his warrant for the amount due upon the Treasurer of the United States, and when the same are so paid no further liabilities shall exist in respect of the same against the governments of the United States or of Hawaii. [31 Stat. L. 161,] [SURPLUS, ETC., IN POSTAL SAVINGS BANK TO BE PAID INTO UNITED STATES TREASURY.] SEC. 103. That any money of the Hawaiian Postal Savings Bank that shall remain unpaid to the persons entitled thereto on the first day of July, nineteen hundred and one, and any assets of said bank shall be turned over by the government of Hawaii to the Treasurer of the United States, and the Secretary of the Treasury shall cause an account to be stated, as of said date, between such government of Hawaii and the United States in respect to said Hawaiian Postal Savings Bank. [31 Stat. L. 162.] |