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expense incurred in excess of said sum of one hundred and fifty thousand dollars shall be paid by said State. The said money shall be expended under the direction of the Secretary of the Interior, and shall be forwarded, to be locally expended in the present Territory of Arizona and in the present Territory of New Mexico, through the respective secretaries of said Territories, as may be necessary and proper, in the discretion of the Secretary of the Interior, in order to carry out the full intent and meaning of this Act......
Approved, June 16, 1906.
By the Act Providing for a recorder of deeds, and so forth, in the Osage Indian
Reservation, in Oklahoma Territory. Beit enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Osage Indian Reservation, in Oklahoma Territory, be, and the same is hereby, declared to be a recording district for the purpose of recording and filing such deeds, mortgages, and other instruments in writing as are anthorized by the law of Oklahoma Territory affecting property within said reservation. And the deputy clerk of the district court located at the town of Pawhuska, on the said reservation, shall be ex officio register of deeds. As compensation for services the said recorder is hereby authorized to retain the fees legally collected by him for the recording of deeds and other instruments, up to and including the sum of one thousand eight hundred dollars per annum, and the fees collected by bim shall be the same as are charged for like service in other recording districts in said Territory. Said recorder shall make monthly reports to the Secretary of the Interior of the fees collected by him, and said Secretary is hereby authorized to use such part of said fees as may be needed for the purchase of records, books, supplies, and expenses of said office. If the receipts of said office exceed the said sum of one thousand eight hundred dollars, the said excess shall be turned into the Treasury of the United States. This Act shall not be construed to in any way obligate the Government to pay the said recorder any deficiency below the sum of one thousand eight hundred dollars yearly.
SEC. 2. That all deeds, papers, and other instruments recorded by said recorder in the Osage Nation shall have the same etfect, legally or otherwise, as if recorded in the recording office of any regularly organized county in the Oklahoma Territory: Provided, That this Act shall become inoperative when the Osage Reservation shall become an organized county of Oklahoma, and all records shall be turned over to the proper county officer whenever such county is organized,
Approved, June 4, 1906.
By the Act Providing for the setting aside for governmental purposes of certain
ground in Hilo, Hawaii.
Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That all of the public land contained in block C, situated in the city of Hilo, island and Territory of Hawaii, be, and the same is hereby, set apart and declared to be a
Government reservation and site for a Federal building or buildings, the same being more particularly described as the area contained in the following lines, to wit: Beginning at the west corner of Waianuenue and Bridge streets, the coordinates of which point are three thousand three hundred and seventy-three and one one-hundredth feet north and two thousand nine hundred and eleven and eighty-one onehundredths feet east of Halai trigonometrical station, and running by true azimuths fifty-six degrees forty-eight minutes three hundred and ninety-six and sixty-two one-hundredths feet along Waianuenue street; one hundred and forty-eight degrees fifty-five minutes three hundred and thirty feet along Pitman street; two hundred and thirty-one degrees four hundred and seventeen one-hundredths feet along Wailuku street; three hundred and twenty-eight degrees fiftyfive minutes three hundred and seventy and forty-seven one-hundredths feet along Bridge street to the point of beginning, and containing three and nineteen one-hundredths acres, excepting therefrom so much of said tract as has been deeded to the Hilo Masonic Association of the Territory of Hawaii: Provided, That the superintendent of public works of the Territory of Hawaii is hereby authorized and directed to sell or otherwise dispose of whatever buildings are now located on the above-described reservation, in such manner as he may find most advantageous, such sale and removal to be made as rapidly as the existing leases on said ground expire, and the proceeds thereof to be applied by the superintendent of public works to the parking and general improvement of said Federal building site.
Approved, June 19, 1906.
By the Act To amend the Act to provide a government for the Territory of Hawaii,
approved April thirtieth, nineteen hundred. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eighty-five of an Act entitled “An Act to provide a government for the Territory of Hawaii,” approved April thirtieth, nineteen hundred, shall be amended to read as follows:
"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
. Such election shall be held on the first Tuesday after the first Monday in November of every even year and at such places as shall be designated by the secretary of the Territory. The ballot for Delegate shall be such as the legislature of Hawaii may designate, and until provision is made by the Territorial legislature the ballot shall be of pink paper and shall be of the same general form as those used for the election of representatives to the legislature.
“The method of certifying the names of candidates for place on this ballot and all the conduct of the election of a Delegate shall be in conformity to the general election laws of the Territory of Hawaii.
“The person having the greatest number of votes shall be declared by the governor duly elected, and a certiticate shall be given accordingly.
Every such Delegate shall have a seat in the House of Represent
atives, with the right of debate, but not of voting. In case of a vacancy occurring in the office of Delegate, the governor of the Territory is directed to call a special election to fill such vacancy: Provided, however, That no vacancy shall be filled which occurs within five months of the expiration of a Congressional term.
“The legislature of the Territory of Hawaii shall have the right to alter or amend any part of the election laws of said Territory, including those providing for an election of Delegate to Congress, and its action shall be the law, with full, binding force, until altered, amended, or repealed by Congress.”
Approved, June 28, 1906.
By the Act Providing for the election of a Delegate to the House of Representatives
from the Territory of Alaska.
Beit enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the people of the Territory of Alaska shall be represented by a Delegate in the House of Representatives of the United States, chosen by the people thereof in the manner and at the time hereinafter prescribed, and who shall be known as the Delegate from Alaska. Such Delegate shall at the time of his election have been for seven years a citizen of the United States, and shall be an inhabitant and qualified voter of the district of Alaska, and shall be not less than twenty-five years of age, and when duly chosen and qualified shall possess the same powers and privileges and be entitled to the same rate of compensation as the Delegates in the House of Representatives from the Territories of the United States: Provided, however, That such Delegate, in lieu of all other allowances, shall, in addition to his salary, receive the sum of one thousand five hundred dollars per annum, which shall cover all mileage and other expenses except stationery allowance and compensation for clerk hire.
SEC. 2. That the first election for Delegate from Alaska shall be held upon the second Tuesday of August, in the year nineteen hundred and six, and that all subsequent elections for such Delegate shall be held on the second Tuesday in August in each year when there is a general election for Members of the House of Representatives, and that at said first election there shall be elected a Delegate who shall hold his office for the unexpired portion of the Fifty-ninth Congress, which term of office is hereinafter designated as the short term;" and also at said first election there shall be elected a Delegate who shall hold his office for the full term of the Sixtieth Congress, which term of office is hereinafter designated as the “long term.”
That the Delegate chosen at said first election for the short term shall hold his office from the date of his election certificate during the remainder of the Fifty-ninth Congress; and the Delegate chosen at said first election for the long term shall hold his office for the full term of the Sixtieth Congress; that the Delegate chosen at each subsequent election shall hold his office for the same term as the Members of the House of Representatives chosen at the general election in the same year.
That the salary and allowances of the Delegate chosen for the short term at said first election shall begin with the date of his election certificate, and shall extend throughout and until the close of the Fiftyninth Congress. The salary and allowances of the Delegate chosen
for the long term at said first election shall begin at the commencement of the term of the Sixtieth Congress and extend throughout and until the close thereof. The salary and allowances of the Delegate chosen at each subsequent election shall be for the full term of the Congress to which he is elected a Delegate.
Sec. 3. That all male citizens of the United States twenty-one years of age and over who are actual and bona fide residents of Alaska, and who have been such residents continuously during the entire year immediately preceding the election, and wbo have been such residents continuously for thirty days next preceding the election in the precinct in which they vote, shall be qualified to vote for the election of a Delegate from Alaska.
Sec. 4. That each incorporated town in the district of Alaska shall constitute an election district, and where the population of such town exceeds one thousand inhabitants the common council may, in their discretion, at least thirty days before the election, divide the district into two or more voting precincts and define the boundaries of each precinct; and the said common council shall also appoint, at least thirty days before the election, three judges of election and two clerks for each voting precinct, all of whom shall be qualified voters of the precinct; and no more than two judges and one clerk shall belong to the same political party. The common council shall also, at least thirty days before the date of the election, provide a suitable polling place for each voting precinct and give due notice of the election by posting a written or printed notice in three public places in each precinct, specifying the time and place of the election, and in case there are one or more newspapers of general circulation published in the town, then a copy of said notice shall also be published in one of such newspapers at least once a week for two consecutive weeks next prior to the date of the election.
SEC. 5. That all of the territory in each recording district now existing or hereafter created situate outside of an incorporated town shall, for the purposes of this act, constitute one election district; that in each year in which a Delegate is to be elected the commissioner in each of said election districts shall, at least thirty days before the date of said first election, and at least sixty days before the date of each subsequent election, issue an order and notice, signed by him and entered in his records in a book to be kept by him for that purpose, in which said order and notice he shall —
First. Divide his election district into such number of voting precincts as may in his judgment be necessary or convenient, defining the boundaries of each precinct by natural objects and permanent monuments or landmarks, as far as practicable, and in such manner that the boundaries of each can be readily determined and become generally known from such description, specify a polling place in each of said precincts, and give to each voting precinct an appropriate name by which the same shall thereafter be designated: Provided, however, That no such voting precinct shall be established with less than thirty qualitied voters resident therein; that the precincts established as aforesaid shall remain as permanent precincts for all subsequent elections, unless discontinued or changed by order of the commissioner of that district.
Second. Give notice of said election, specifying in said notice, among other things, the date of such election, the boundary of the voting precincts as established, the location of the polling place in the precinct, and the hours between which said polling places will be open.
Said order and notice shall be given publicity by said commissioner by posting copies of the same at least twenty days before the date of said first election, and at least thirty days before the date of each subsequent election." Said copies shall be posted as follows: One at the office of the commissioner in said district, and three copies to be posted
in three conspicuous public places in each of said voting precincts as established, one of which shall be the designated polling place in each precinct; and said commissioner shall also mail a certified copy of said order and notice to the governor of Alaska at his official residence.
That at least thirty days prior to the date of the holding of such election the commissioner shall select, notify, and appoint from among the qualified electors in each voting precinct three judges of election for said precinct, no more than two of whom shall be of the same political party. Said commissioner shall notify all of said judges of election of their appointment as such, so that each and all of them shall receive said notice at least ten days before the date of the election.
Sec. 6. That the judges of election of each voting precinct shall constitute the election board for said precinct and shall supervise and have charge of the election therein. They shall secure and provide a place for holding the election and a suitable ballot box. They shall pass upon the qualification of the voter and, if he be found qualified, receive and deposit his ballot in the ballot box, and shall canvass and make a return of the votes cast, as hereinafter provided.
That the members of said election board in each precinct, before entering upon the duties of their office, sball each severally take an oath, which shall be reduced to writing, before an officer qualified to administer oaths, to honestly, faithfully, and promptly perform the duties of their positions; and if no officer qualified to administer oaths be present or available, then any one of said duly appointed or selected judges of election may administer the necessary oath to said other two judges, and he shall afterwards in turn he sworn by one of them.
That each of said judges shall have authority to administer any oath to the voter necessary or proper under this act, and said judges shall have equal authority; and in case of any question or disagreement over any matter during the course of said election the decision of the majority of said judges shall govern.
That two of the three judges of election in each voting precinct, outside of incorporated towns, to be selected by a majority of said judges shall also perform the duties of clerks of election for that precinct; the two judges performing the duties of clerks shall be of different political parties; it shall be the duty of the clerks at each voting precinct to make a full written record of such election as held in that precinct, and each of them shall keep a correct duplicate register and enter therein the names of the voters and the fact that they have voted, or have offered to vote and were refused, and a brief statement of the reasons for said refusal.
Sec. 7. That each of the candidates for the office of Delegate herein provided for, at any election held hereunder, shall be entitled to one watcher at each voting precinct, who shall be permitted to be present within the place of voting at such precinct, and in some place therein where he may at all times be in full view of every act done. Such watcher shall have the right to be so present at all times from the opening of the polls until the ballots are finally counted and the result certified by the election board. Each watcher shall be required to present to the election board proper credentials, signed by the candidate he represents, showing him to be the duly authorized watcher for such person.
SEC. 8. That in case any of the judges of election selected as herein provided for any precinct shall fail to appear and qualify at the time and place designated for the election for which they shall be appointed, then, in that event, the qualified voters present may, by a majority viva voce vote, select a suitable person or persons to fill the vacancy or vacancies in said election board; and the person or person so selected shall qualify and serve on said election board, with the same powers and in the same manner as if appointed as hereinbefore provided.