organic act to provide a government for the territoryof hawaii

7/27/2019 Organic Act to Provide a Government for the Territoryof Hawaii

1/85

Return to the Hawaiian Independence Home Page or the Legal Documents Index

ORGANIC ACT.

An Act to Provide a Government for the Territoryof Hawaii

(Act of April 30, 1900, C 339, 31 Stat 141)

Article 1

General Provisions

1. Definitions

2. Territory of Hawaii

3. Government of the Territory of Hawaii

4. Citizenship

5. United States Constitution

6. Laws of Hawaii

7.

8. Certain offices abolished

9. Amendment of official titles

10. Construction of existing statutes

11. Style of process

Article 2

The Legislature

12. The legislative power13.

14. General elections

15. Each house judge of qualificationsof members

16. Disqualification of legislators

17. Disqualifications of governmentofficers and employees

18.

19. Oath of office

20. Officers and rules

21. Ayes and noes

22. Quorum23.

24.

25. Punishment of persons not members

26. Compensation of members

27. Punishment of members

28. Exemption from liability

29. Exemption from arrest

THE SENATE

ganic Act to Provide a Government for the Territoryof Hawaii http://www.hawaii-nation.org/organi

of 85 9/28/13 12:


2/85

30. Senate; Number; Term

31. Vacancies

32. Senatorial Districts

33. Apportionment of senators

34. Qualifications of senators

THE HOUSE OF REPRESENTATIVES

35. House of Representatives; Number

36. Term of office

37. Vacancies

38. Representative Districts

39. Apportionment of Representatives

40. Qualifications of representatives

LEGISLATION

41. Sessions of the legislature

42.43.

44. Enacting clause - English language

45. Title of laws

46. Reading of bills

47. Certification of bills from one houseto the other

48. Signing bills

VETO

49. Veto of Governor

50. Procedure upon receipt of veto51. Failure to sign or veto

APPROPRIATIONS

52.

53.

54.

LEGISLATIVE POWER

55.

TOWN, CITY, AND COUNTY GOVERNMENT

56.

ELECTIONS

57. Exemptions of electors on election day

58.


of 85 9/28/13 12:


3/85

59. Method of voting for representatives

60. Qualifications of voters for representatives

61. Method of voting for senators

62. Qualifications of voters for senators and in all otherelections

63.

64.

65.

Article 3

The Executive

66. The executive power

67. Enforcement of law

68. General powers of the governor

69. Secretary of the Territory; acting secretary

70. Acting governor in certain contingencies

71. Attorney-general

72. Treasurer73. Commissioner of public lands

74. Commissioner of agriculture and forestry

75. Superintendent of public works

76. Superintendent of public instruction

77. Comptroller and Deputy Comptroller

77A. Post-Auditor

78. Surveyor

79. High sheriff

80. Appointment, removal, tenure, and salaries ofofficers

Article 4

The Judiciary

81.

82. Supreme Court

83. Laws continued in force

84. Disqualification by relationship, pecuniary interest,or previous judgment

Article 5

United States Officers

85. Delegate to Congress

86. Federal court

87. Internal-revenue district

88. Customs district

Article 6

Miscellaneous


of 85 9/28/13 12:


4/85

89. Wharves and Landings

90.

91.

92. Salaries, certain officers

93. Imports from Hawaii into the United States

94. Investigation of fisheries

95. Repeal of laws conferring exclusive fishing rights

96. Proceedings for opening fisheries to citizens97. Quarantine

98.

99.

100.

101.

102.

103.

104.

105.

106.

107.

Editor's Note. - 1993 Haw. Sess.Laws, Act 359, relating to the efforts of native Hawaiians to be

governedby an indigenous sovereign nation of their own choosing, was amended by1994 Haw. Sess.

Laws, Act 200, effective July 1, 1994, and repealed effectiveDecember 31, 1997. Sections 2 through 5 of

Act 359, as amended, provide:"SECTION 2. Purpose. The purpose of this Act is to acknowledgeand

recognize the unique status that the native Hawaiian people bear tothe State of Hawaii and to the United

States and to facilitate the effortsof native Hawaiians to determine their will to be governed by an

indigenoussovereign nation of their own choosing. In the spirit of self-determinationand by this Act, a

Hawaiian sovereignty elections council is establishedto:

"(1) Hold a plebiscite in 1995, todetermine the will of the indigenous Hawaiian people to restore a

nationof their own choosing; and

"(2) Should the plebiscite be approvedby a majority of qualified voters, provide for a fair and

impartial processto resolve the issues relating to form, structure, and status of a Hawaiiannation.

"SECTION 3. Definitions. As usedin this chapter, unless the context otherwise requires:

"'Council' means the Hawaiian sovereigntyelections council.

"'Hawaiian' and 'native Hawaiian'mean any descendent of the races inhabiting the Hawaiian islands

priorto 1778.

"'Hawaiian organization' means anyorganization in the State which serves and represents the interests

ofHawaiians, has a membership consisting of at least a majority of Hawaiians,and has been organized for

at least one year.

"'Qualified voter' means any personqualified to vote pursuant to section 13D-3, Hawaii Revised

Statutes.

"'Special elections' means the Hawaiianconvention referendum, the election of delegates, and the


of 85 9/28/13 12:


5/85

ratificationelection.

"SECTION 4. Hawaiian sovereigntyelections council. (a) There is established within the department

ofaccounting and general services for administrative purposes the Hawaiiansovereignty elections council,

to carry out the purposes of this Act. Thecouncil shall consist of twenty members appointed by the

governor withoutregard for section 78-4, Hawaii Revised Statutes. At least twelve of thetwenty members

shall be appointed from nominations submitted by Hawaiianorganizations. Among the twelve, the

governor shall appoint one memberso designated from each of the following organizations: the Office ofHawaiianAffairs; Ka Lahui Hawai'i; the State Council of Hawaiian Homestead Association;and the

Association of Hawaiian Civic Clubs. The council shall consistof at least one member from each of the

islands of: Kauai; Niihau; Maui;Molokai; Lanai; Oahu; and Hawaii and one member representing

nonresidentHawaiians. Appointments shall be made before August 1, 1993, and shallnot be subject to

confirmation by the senate. Any appointment not madeby that date shall be filled by the council during

its first meeting whichshall be held before August 15, 1993. After August 31, 1994, no memberof the

council shall be eligible to run in any special election under thisAct. The members shall elect a

chairperson and vice-chairperson. Any vacancyon the council after July 1, 1994, shall be filled by the

governor froma list of nominees submitted by the council. If the governor fails to makean appointment

within thirty days of receiving the list, the council shallmake an appointment from the list of nominees.

Members shall serve withoutcompensation but shall be reimbursed for expenses, including travelandsubsistence expenses, necessary for the performance of their duties. Expensesshall be paid by the

office of state planning.

"(b) The council shall:

"(1) Plan and conduct the plebiscitein 1995;

"(2) Carry out the responsibilitiesnecessary for the conduct of elections and the convening of

delegates;

"(3) Provide for an apportionmentplan;

"(4) Establish the eligibility ofconvention delegates;

"(5) conduct Hawaiian voter educationand registration; and

"(6) Establish task forces and committeesnecessary for the purposes of this Act.

"(c) For the purposes of funding,the council shall submit its plan for the election and convening of

delegatesto the legislature not less than twenty days prior to the convening ofthe regular session of 1995.

"SECTION 4A. In carrying out thepurposes of this Act, the council shall establish policies that do

notdiscriminate on the basis of citizenship, place of residence, or civilstatus.

"SECTION 5. Task forces. (a)The governor shall convene an interagency task force, consisting of

personsfrom such public agencies as may be necessary, to support the needs ofthe council. "(b) The

council may establish a task force, otherwiseknown as a kupuna council, to provide advice and support

as necessary.Members shall be appointed without regard for section 78-4, Hawaii RevisedStatutes.

Members of the kupuna council shall serve without compensationbut shall be reimbursed for expenses,

including travel and subsistenceexpenses, necessary for the performance of their duties. 1994 Haw.

Sess.Laws, Act 200, 11, further provides that the individuals who wereduly appointed under 1993 Haw


of 85 9/28/13 12:


6/85

Sess. Laws, Act 359, and are serving as membersof the Hawaiian sovereignty advisory commission on

July 1, 1994, shallserve as members of the Hawaiian sovereignty elections council under thisAct.

ARTICLE 1. GeneralProvisions.

1. Definitions.

That the phrase "the laws of Hawaii,"as used in this Act without qualifying words, shall mean theconstitutionand laws of the Republic of Hawaii, in force on the twelfth day of August,eighteen hundred

and ninety-eight, at the time of the transfer of the sovereigntyof the Hawaiian Islands to the United States

of America.

The constitution and statute laws of theRepublic of Hawaii then in force, set forth in a compilation

made by SidneyM. Ballou under the authority of the legislature, and published in twovolumes entitled

"Civil Laws" and "Penal Laws," respectively,and in the Session Laws of the Legislature for the session of

eighteenhundred and ninety-eight, are referred to in this Act as "Civil Laws,""Penal Laws," and "Session

Laws."

Historical note. - This is theAct, as since amended, of April 30, 1900, c. 339, 31 Stat. 141 (2Supp.R.S. 1141), prepared and recommended by a commission appointed by the Presidentunder the Joint

Resolution of Annexation of July 7, 1898, 30 Stat. 750(2 Supp. R.S. 895). The formal transfer of

sovereignty under that resolutiontook place Aug. 12, 1898, and this Organic Act, creating the

Territory,took effect June 14, 1900. See Joint Resolution RLH 1955, page 13, withnotes thereto, for

application of Federal Constitution and laws to Hawaiibetween annexation and establishment of

territorial government.

For decisions under this Organic Act,see notes to sections thereof.

For note relating to act of Congress,presidential proclamations, and executive orders, see the

ChronologicalNote, RLH 1955, page 9.

The volumes mentioned in the second paragraphof this section did not contain all the laws then in

force referred toin the first paragraph, nor were all the laws therein contained then inforce. The Civil

Laws and Penal Laws were compilations, not enacted bythe legislature. These laws were in general

continued in force by Congresswith certain exceptions and modifications. See 6,7 of the Organic Act.

See also, as to continuationof Hawaiian laws, notes to other sections of the Organic Act, and to

JointResolution of Annexation, RLH 1955, page 13.

CASE NOTES

Cited in Ex parte Wilder's S.S.Co., 183 U.S. 545, 22 S. Ct. 225, 46 L. Ed. 321 (1902); United States

v.Yii, 3 U.S.D.C. Haw. 87 (1906); Cooke v. Thayer, 22 Haw. 247 (1914); Mookiniv. United States, 303

U.S. 201, 58 S. Ct. 543, 82 L. Ed. 748 (1938); Inter-IslandSteam Nav. Co. v. Hawaii, 305 U.S. 306, 59 S.

Ct. 202, 83 L. Ed. 189 (1938);Bishop v. Kalua, 36 Haw. 164 (1942); Zimmerman v. Poindexter, 78 F.

Supp.421 (D. Haw. 1947); Kam Koon Wan v. E.E. Black, Ltd., 75 F. Supp. 553 (D.Haw. 1948); Reinecke

v. Loper, 77 F. Supp. 333 (D. Haw. 1948); Dyer v.Abe, 138 F. Supp. 220 (D. Haw. 1956); United States v.

Coins, 144 F. Supp.740 (D. Haw. 1956); United States v. Gertz, 249 F.2d 662 (9th Cir. 1957);O'Daniel v.

Inter-Island Resorts, Ltd., 46 Haw. 197, 377 P.2d 609 (1962);Burns v. Richardson, 384 U.S. 73, 86 S. Ct.

1286, 16 L. Ed. 2d 376 (1966);Robinson v. Ariyoshi, 441 F. Supp. 559 (D. Haw. 1977).


of 85 9/28/13 12:


7/85

LEGAL PERIODICALS

University of Hawaii Law Review. Comment,State-Federal Jurisdictional Conflict over the Internal

Waters and SubmergedLands of the Northwestern Hawaiian Islands, 4 U. Haw. L. Rev. 139 (1982).

2. Territory of Hawaii.

That the islands acquired by the UnitedStates of America under an Act of Congress entitled "Jointresolutionto provide for annexing the Hawaiian Islands to the United States,"approved July seventh,

eighteen hundred and ninety-eight, shall be knownas the Territory of Hawaii.

Historical note. - The Hawaiiangroup consists of the following islands: Hawaii, Maui, Oahu, Kauai,

Molokai,Lanai, Niihau, Kahoolawe, Molokini, Lehua, Kaula, Nihoa, Necker, Laysan,Gardiner,

Lisiansky, Ocean, French Frigates Shoal, Palmyra, Brooks Shoal,Pearl and Hermes Reef, Gambia Shoal

and Dowsett and Maro Reef. The firstnineteen were listed in the Commission report transmitted to

Congress bythe message of the President, Senate Doc. 16, 55th Congress, 3d Session,1898. U.S. Misc.

Pub. 1898.

It has been a question whether Midwaywas acquired by Hawaii on July 5, 1859, and so is a part of theTerritory,or was acquired by the United States independently on August 28, 1867;the latter was assumed

in 182 U.S. 304. See the 1933 report of the HawaiianHistorical Society, paper read by P. C. Morris, Dec.

14, 1933. It was assumedby Congress that Midway was not part of the Territory in the Act of August13,

1940, c. 662, 54 Stat. 784, extending jurisdiction of United StatesDistrict Court for Hawaii to include

Midway Islands, also Wake, Johnston,Sand, and Jarvis Islands.

Territorial jurisdiction includes themilitary and naval reservations within the exterior boundaries of

the Territory.

By the Act of April 19, 1930, the HawaiiNational Park was removed from territorial jurisdiction

except for certainpurposes therein stated.

CASE NOTES

For discussion of title to PalmyraIsland, see United States v. Fullard-Leo, 133 F.2d 743 (9th

Cir.),cert. denied, 319 U.S. 748, 63 S. Ct. 1157, 87 L. Ed. 1703 (1943); UnitedStates v. Fullard-Leo, 156

F.2d 756 (9th Cir. 1946), aff 'd, 331 U.S. 256,67 S. Ct. 1287, 91 L. Ed. 1474 (1947).

Cited in In re Loucks, 13 Haw.17 (1900); Ex parte Wilder's S.S. Co., 183 U.S. 545, 22 S. Ct. 225,

46L. Ed. 321 (1902); Bishop v. Mahiko, 35 Haw. 608 (1940); Civil AeronauticsBd. v. Island Airlines,

235 F. Supp. 990 (D. Haw. 1964).

3. Government of the Territory of Hawaii.

That a Territorial government is herebyestablished over the said Territory, with its capital at Honolulu,

on theisland of Oahu.

Historical note. - By this ActHawaii acquired the status of an incorporated Territory and became an

integralpart of the United States.

On the status of Hawaii between annexationand the establishment of territorial government, see note


of 85 9/28/13 12:


8/85

to Joint Resolutionof Annexation, RLH 1955, page 13.

CASE NOTES

Cited in In re Loucks, 13 Haw.17 (1900).

4. Citizenship.

That all persons who were citizens ofthe Republic of Hawaii on August twelfth, eighteen hundred and

ninety-eight,are hereby declared to be citizens of the United States and citizens ofthe Territory of Hawaii.

And all citizens of the United Statesresident in the Hawaiian Islands who were resident there on or

since Augusttwelfth, eighteen hundred and ninety-eight and all the citizens of theUnited States who shall

hereafter reside in the Territory of Hawaii forone year shall be citizens of the Territory of Hawaii.

Historical note. - This sectionwas supplemented by the Act of July 2, 1932, 47 Stat. 571, amended by

theAct of July 1, 1940, 54 Stat. 707, providing that for purposes of the Actof Sept. 22, 1922, 46 Stat.

1511, women born in Hawaii prior to June 14,1900, were deemed U.S. citizens at birth. But the Act of

Sept. 22, 1922was repealed by the Act of Oct. 14, 1940, 54 Stat. 1137, which in turnwas repealed by the

Act of June 27, 1952, 66 Stat. 166 (the McCarran-WalterAct), and the present provisions are contained in

8 U.S.C. 1435(a).

Under art. 17, 1, of the Const.of 1894 (adapted from the 14th Am. of the U.S. Const.) all persons

bornor naturalized in the Hawaiian islands and subject to the jurisdictionof the Republic of Hawaii were

citizens thereof. Between 1842 and 1892,731 Chinese persons and three Japanese persons were

naturalized in Hawaii.

The secretary of Hawaii may issue to personsborn in Hawaii certificates of Hawaiian birth, which are

prima facie evidence.

See 338-41 to 44. See alsoformer law: L. 1905, c. 64; am. L. 1907, c. 79; rep. L. 1909, c. 15;R.L.1915, p. 1487; R.L. 1925, c. 21; R.L. 1935, c. 247. See also 100 and 101 of the OrganicAct. Also

see the note to Joint Resolution of annexation, RLH 1955, page13.

CASE NOTES

Citizenship extended to persons born inHawaiian Islands. - A person born in the Hawaiian Islands of

British parentsdomiciled in this country is subject to the jurisdiction of this countryand is a Hawaiian

subject or citizen. In re Macfarlane, 11 Haw. 166 (1897).

The framers of the Act of Congress providinga government for the Territory of Hawaii approved

April 30, 1900, intendedto refer to the geographical limits of the Hawaiian Islands rather thanto anypolitical conditions existing therein; and that the Hawaiian andAmerican citizenship was to be extended

to all persons born in the Islands,excepting only those born of persons engaged in the diplomatic

serviceof foreign governments, such as ministers and ambassadors, whose residenceby a fiction of public

law is regarded as the place of their own country.United States v. Sai, 1 U.S.D.C. Haw. 118 (1901).

The fact that two Chinese persons wereborn in the Hawaiian Islands while the same was a monarchy

known as theKingdom of Hawaii did not deprive them of their status as American citizens,it being

proven that they were born in the Hawaiian Islands, sons of adomiciled Chinese laborer, in view of the


of 85 9/28/13 12:


9/85

provisions of Art. 17, 1, of the Constitution of the Republic of Hawaii, and of the provisionsof this

section of the Act of Congress, approved April 30, 1900, to providea government for the Territory of

Hawaii, that all persons who were citizensof the Republic of Hawaii on August 12, 1898, were declared

to be citizensof the United States and citizens of the Territory of Hawaii. United Statesv. Sai, 1 U.S.D.C.

Haw. 118 (1901).

Naturalization. - The circuit courtsof the Territory had power to naturalize. Territory of Haw. v.

Kaizo, 17Haw. 295, aff 'd, 18 Haw. 28 (1906), aff 'd, 211 U.S. 146, 29 S. Ct. 41,53 L. Ed. 125 (1908).

Hawaiian citizenship by naturalizationdid not extend to the nonresident minor children of the persons

so naturalized,nor were such children, while still nonresident, made citizens of the UnitedStates by the

provision contained in this section. In re Ko, 3 U.S.D.C.Haw. 623 (1910).

Deportation proceedings. - SeeUnited States v. Yong, 1 U.S.D.C. Haw. 104 (1901).

Cited in In re Loucks, 13 Haw.17 (1900); Ex parte Ah Oi, 13 Haw. 534 (1901); In re Sai, 1 U.S.D.C.

Haw.234 (1902); United States v. Dang Mew Wan Lum, 88 F.2d 88 (9th Cir. 1937);United States v.

Rodiek, 117 F.2d 588 (2nd Cir. 1941); Wong Kam Wo v. Dulles,236 F.2d 622 (9th Cir. 1956).

5. United States Constitution.

That the Constitution, and, except asotherwise provided, all the laws of the United States, including

laws carryinggeneral appropriations, which are not locally inapplicable, shall havethe same force and

effect within the said Territory as elsewhere in theUnited States; Provided, That sections 1841 to 1891,

inclusive, 1910 and1912, of the Revised Statutes, and the amendments thereto, and an act entitled"An act

to prohibit the passage of local or special laws in the Territoriesof the United States, to limit Territorial

indebtedness, and for otherpurposes," approved July 30, 1886, and the amendments thereto, shallnot

apply to Hawaii. Annotations

[Am May 27, 1910, c 258, 1, 36Stat 443; April 12, 1930, c 136, 46 Stat 160; June 6, 1932, c 209,116(b), 47 Stat 205]

Historical note. - Federal liquorprohibition laws in effect in Hawaii were repealed by the Act of Mar.

26,1934, c. 88, 48 Stat. 467. For application of other provisions of the federalConstitution and laws to

Hawaii, see note to Joint Resolution of Annexation,RLH 1955, page 13.

CASE NOTES

Section made federal law applicablein Hawaii. - This section provides that the Constitution and all

lawsof the United States which are not locally inapplicable shall have thesame force and effect within

Hawaii as elsewhere in the United States,with certain exceptions. United States v. Kee, 3 U.S.D.C. Haw.

262 (1908).

This section makes effective in the Territoryall the laws of the United States which are not locally

applicable, savingonly certain specified statutes. The special exceptions strengthen thegeneral application

of this statutory rule. United States v. Thurston,4 U.S.D.C. Haw. 1 (1911).

A territory must be considered in thesame category as a state, and the Commerce Clause of the federal

Constitutionis applicable to such territory. Inter-Island Steam Nav. Co. v. Territoryof Haw., 96 F.2d 412

(9th Cir.), aff 'd, 305 U.S. 306, 59 S. Ct. 202, 83L. Ed. 189 (1938).


of 85 9/28/13 12:


10/85

Where a territory is incorporated intothe United States (as in the case of the Territory of Hawaii) the

federalConstitution applies and becomes operative in such territory. Territoryof Haw. v. Yoshimura, 35

Haw. 324 (1940).

This section guarantees the fundamentalrights of the Constitution to territorial citizens; it involves a

nationalpolicy, the benefits of which the United States has accorded Hawaii. Thissection is a law giving

rise to original jurisdiction of a United Statesdistrict court, and pursuant to it, the court may adjudicate

plaintiff'sclaims for the equal protection of the law arising from a statute of theUnited States. Dyer v.Abe, 138 F. Supp. 220 (D. Haw. 1956), rev'd on othergrounds, 256 F.2d 728 (9th Cir. 1958).

The equal protection of the law is guaranteedby the Organic Act of Hawaii. It is thus unnecessary to

decide whetherthe Fourteenth Amendment applies directly to a territory; its protectionto individual

citizens does apply. Dyer v. Abe, 138 F. Supp. 220 (D. Haw.1956), rev'd on other grounds, 256 F.2d 728

(9th Cir. 1958).

Fundamental law of territory. -The Organic Act passed by Congress for the government of a

territory, andunder which the territorial government is organized, must be taken as thefundamental law of

the territory; and all territorial legislative assembliesderive their force and validity from such organic

acts. Achi v. KapiolaniEstate, Ltd., 1 U.S.D.C. Haw. 86 (1901).

Cited in In re Loucks, 13 Haw.17 (1900); In re Lin ex rel. Chong, 1 U.S.D.C. Haw. 44 (1900); Ex

parteAh Oi, 13 Haw. 534 (1901); Pringle v. Hilo Mercantile Co., 13 Haw. 705(1901); Ex parte Wilder's

S.S. Co., 183 U.S. 545, 22 S. Ct. 225, 46 L.Ed. 321 (1902); Hawaii v. Mankichi, 190 U.S. 197, 23 S. Ct.

787, 47 L.Ed. 1016 (1903); United States v. Moore, 3 U.S.D.C. Haw. 66 (1906); Robinsonv. Baldwin, 19

Haw. 9 (1908); Territory of Haw. v. Martin, 19 Haw. 201(1908); United States v. Perez, 3 U.S.D.C. Haw.

295 (1908); Wynne v. UnitedStates, 217 U.S. 234, 30 S. Ct. 447, 54 L. Ed. 748 (1910); United Statesv.

Ishibashyi, 3 U.S.D.C. Haw. 517 (1910); Duncan v. Kahanamoku, 327 U.S.304, 66 S. Ct. 606, 90 L. Ed.

688 (1946); United States v. Fullard-Leo,331 U.S. 256, 67 S. Ct. 1287, 91 L. Ed. 1474 (1947); Robinson

v. Ariyoshi,441 F. Supp. 559 (D. Haw. 1977).

LEGAL PERIODICALS

Hawaii Bar Journal. Article, Hawaii'sLegal System: A Brief Survey, 1 Haw. B.J. (March 1963, at 1).

6. Laws of Hawaii.

That the laws of Hawaii not inconsistentwith the Constitution or laws of the United States or the

provisions ofthis Act shall continue in force, subject to repeal or amendment by thelegislature of Hawaii

or the Congress of the United States.

Historical note. - As to the meaningof "laws of Hawaii," see 1 of theOrganic Act and the notethereunder.

Pursuant to 73(c)of the Organic Act, certain land laws are not subject to repeal or amendmentby

legislature without the approval of Congress.

CASE NOTES

Organic Act as fundamental law of territory.- The Organic Act passed by Congress for the

government of a territory,and under which the territorial government is organized, must be takenas the


of 85 9/28/13 12:


11/85

fundamental law of the territory; and all territorial legislativeassemblies derive their force and validity

from such Organic Acts. Achiv. Kapiolani Estate, Ltd., 1 U.S.D.C. Haw. 86 (1901).

Original Hawaiian statute definingmanslaughter was not inconsistent with the Constitution or

laws of theUnited States or provisions of the Organic Act, and was one of thelaws continued in force

pursuant to 6 of theOrganic Act. Territory of Haw. v. Braly, 29 Haw. 7 (1926).

Unanimity of verdicts is essentialunder provisions of the Organic Act,but it may be waived, andit iswaived by a request for an instruction, which is given, that a verdictmay be rendered by nine jurors.

Pringle v. Hilo Mercantile Co., 13 Haw.705 (1901).

Hawaiian laws not inconsistentwith U.S. Constitution or Act remain in effect until changed. -

Thissection, providing that the laws of Hawaii not inconsistent with the Constitutionor laws of the United

States or the provisions of the Organic Act shouldcontinue in force, subject to repeal or amendment by

the legislature ofHawaii or the Congress of the United States, was significant of the completerecognition

by the United States of the validity of such laws under thenew status and of the agreement for their

continuance until subject tofurther legislation relating to them either by Congress or by the

Hawaiianlegislature. United States v. Haleakala Ranch Co., 3 U.S.D.C. Haw. 299(1908).

Former statute relating to fornicationheld not inconsistent with any of the provisions of the

Organic Actor the United States Constitution. Territory of Haw. v. Martin, 19 Haw.201 (1908).

Corporation chartered by Hawaiian monarchynot same as corporation organized by Congress

and not forbidden from makingcontribution to political offices. - An act of Congress forbiddingany

national bank or any corporation organized by authority of any lawsof Congress from making a money

contribution in connection with an electionto political office was not applicable to a corporation

chartered by thegovernment of the Hawaiian monarchy. United States v. Haleakala Ranch Co.,3 U.S.D.C.

Haw. 299 (1908).

U. S. District Court for District ofHawaii had jurisdiction of an assault committed upon militaryreservationin the Territory of Hawaii. United States v. Motohara, 4 U.S.D.C. Haw.62 (1911).

The district court had jurisdiction ofan assault and battery committed by a commander of the United

States Navyon the naval reservation in Honolulu. Territory v. Carter, 19 Haw. 198(1908).

Right of appeal. - Although withoutstatutory authority, the right of appeal to the circuit court for

mitigationof sentence from district magistrates, and on exercise thereof the powerof the circuit court to

mitigate an excessive sentence of the districtmagistrate, were fixed by Hawaiian judicial precedent within

the meaningof 1-1, and therefore had the force of a statutory right and powerunder the laws of Hawaii

within the meaning of this section. In re Marteles,38 Haw. 479 (1950).

Cited in Coffield v. Territoryof Haw., 13 Haw. 478 (1901); Tomikawa v. Gama, 14 Haw. 431 (1902);

Ex parteWilder's S.S. Co., 183 U.S. 545, 22 S. Ct. 225, 46 L. Ed. 321 (1902); TheSchooner Robert

Lewers Co. v. Kekauoha, 114 Fed. 849 (9th Cir. 1902); Inre Austin, 15 Haw. 114 (1903); In re Contested

Election, 15 Haw. 323 (1903);Carter v. Gear, 197 U.S. 348, 25 S. Ct. 491, 49 L. Ed. 787 (1905);

Kealohav. Castle, 112 U.S. 238, 5 S. Ct. 131, 28 L. Ed. 684 (1884); Wynne v. UnitedStates, 217 U.S.

234, 30 S. Ct. 447, 54 L. Ed. 748 (1910); Territory ofHaw. v. Ota, 36 Haw. 80 (1942); State v. Tin Yan,

44 Haw. 370, 355 P.2d25 (1960); Robinson v. Ariyoshi, 441 F. Supp. 559 (D. Haw. 1977).

LEGAL PERIODICALS


of 85 9/28/13 12:


12/85

Hawaii Bar Journal. Article, Hawaii'sLegal System: A Brief Survey, 1 Haw. B.J. (March 1963, at 1).

7.

That the constitution of the Republicof Hawaii and of the laws of Hawaii, as set forth in the following

acts,chapters, and sections of the civil laws, penal laws, and session laws,and relating to the following

subjects, are hereby repealed:

Civil Laws: Sections two and three,Promulgation of laws; chapter five, Flag and seal; sections thirty

to thirty-three,inclusive, Tenders for supplies; chapter seven, Minister of Foreign Affairs;chapter eight,

Diplomatic and consular agents; section one hundred andthirty-four and one hundred and thirty-five,

National museum; chapter twelve,Education of Hawaiian youths abroad; sections one hundred and fifty

toone hundred and fifty-six, inclusive, Aid to board of education; chapterfourteen, Minister of the

Interior; sections one hundred and sixty-sixto one hundred and sixty-eight, inclusive, one hundred and

seventy-fourand one hundred and seventy-five, Government lands; section one hundredand ninety, Board

of commissioners of public lands; section four hundredand twenty-four, Bureau of agriculture and

forestry; chapter thirty-one,Agriculture and manufactures; chapter thirty-two, Ramie; chapter thirty-

three,Taro flour; chapter thirty-four, Development of resources; chapter thirty-five,Agriculture; section

four hundred and seventy-seven, Brands; chapter thirty-seven,Patents; chapter thirty-eight, Copyrights;sections five hundred and fifty-sixand five hundred and fifty-seven, Railroad subsidy; chapter forty-

seven,Pacific cable; chapter forty-eight, Hospitals; chapter fifty-one, Coinsand currency; chapter

fifty-four, Consolidation of public debt; chapterfifty-six, Post-office; chapter fifty-seven, Exemptions

from postage; chapterfifty-eight, Postal savings banks; chapter sixty-five, Import duties; chaptersixty-six,

Imports; chapter sixty-seven, Ports of entry and collectiondistricts; chapter sixty-eight, Collectors;

chapter sixty-nine, Registryof vessels; section one thousand and eleven, Customs-house charges;

sectioneleven hundred and two, Elections; section eleven hundred and thirty-two,Appointment of

magistrate; last clause of first subdivision and fifth subdivisionof section eleven hundred and forty-four,

first subdivision of sectioneleven hundred and forty-five, Jurisdiction; sections eleven hundred

andseventy-three to eleven hundred and seventy-eight, inclusive, Translationof decisions; section eleven

hundred and eighty-eight, Clerks of court;sections thirteen hundred and twenty-nine, thirteen hundredand thirty-one,thirteen hundred and thirty-two, thirteen hundred and forty-seven to thirteenhundred and

fifty-four, inclusive, Juries; sections fifteen hundred andnine to fifteen hundred and fourteen, inclusive,

Maritime matters; chapterone hundred and two, Naturalization; section sixteen hundred and seventy-

eight,Habeas corpus; chapter one hundred and eight, Arrest of debtors; subdivisionssix, seven, ten,

twelve to fourteen of section seventeen hundred and thirty-six,Garnishment; sections seventeen hundred

and fifty-five to seventeen hundredand fifty-eight, inclusive, Liens on vessels; chapter one hundred and

sixteen,Bankruptcy, and sections eighteen hundred and twenty-eight to eighteenhundred and thirty-two,

inclusive, Water rights.

Penal Laws: Chapter six, Treason;sections sixty-five to sixty-seven, inclusive, Foot binding; chapter

seventeen,Violation of postal laws; section three hundred and fourteen, Blasphemy;sections three

hundred and seventy-one to three hundred and seventy-two,inclusive, Vagrants; sections four hundred

and eleven to four hundred andthirteen, inclusive, Manufacture of liquors; chapter forty-three,

Offenseson the high seas and other waters; sections five hundred and ninety-fiveand six hundred and two

to six hundred and five, inclusive, Jurisdiction;section six hundred and twenty-three, Procedure; sections

seven hundredand seven hundred and one, Imports; section seven hundred and fifteen,Auction license;

section seven hundred and forty-five, Commercial travelers;sections seven hundred and forty-eight to

seven hundred and fifty-five,inclusive, Firearms; sections seven hundred and ninety-six to eight

hundredand nine, inclusive, Coasting trade; sections eight hundred and elevenand eight hundred and


of 85 9/28/13 12:


13/85

twelve, Peddling foreign goods; sections eight hundredand thirteen to eight hundred and fifteen,

inclusive, Importation of livestock;section eight hundred and nineteen, Imports; sections eight hundred

andeighty-six to nine hundred and six, inclusive, Quarantine; section elevenhundred and thirty-seven,

Consuls and consular agents; chapter sixty-seven,Whale ships; sections eleven hundred and forty-five to

eleven hundred andseventy-nine, inclusive, and twelve hundred and four to twelve hundredand nine,

inclusive, Arrival, entry and departure of vessels; chapterssixty-nine to seventy-six, inclusive, Navigation

and other matters withinthe exclusive jurisdiction of the United States; sections thirteen hundredand

forty-seven and thirteen hundred and forty-eight, Fraudulent exportation;chapter seventy-eight, Mastersand servants; chapter ninety-three, Immigration;sections sixteen hundred and one, sixteen hundred and

eight, and sixteenhundred and twelve, Agriculture and forestry; chapter ninety-six, Seditiousoffenses;

and chapter ninety-nine, Sailing regulations.

Session Laws: Act fifteen, Elections;Act twenty-six, Duties; Act twenty-seven, Exemptions from

duties; Act thirty-two,Registry of vessels; section four of Act thirty-eight, Importation of livestock;Act

forty-eight, Pacific cable; Act sixty-five, Consolidation of publicdebt; Act sixty-six, Ports of entry; and

Act sixty-eight, Chinese immigration.Annotations

CASE NOTES

Organic Act is fundamental law of territory.- The Organic Act passed by Congress for the

government of a territory,and under which the territorial government is organized, must be takenas the

fundamental law of the territory; and all territorial legislativeassemblies derive their force and validity

from such Organic Acts. Achiv. Kapiolani Estate, Ltd., 1 U.S.D.C. Haw. 86 (1901).

Writ of ne exeat was not available,in an action of assumpsit, to prevent a defendant from going

away fromthe Territory or to compel him to give security for the payment of thejudgment that might be

recovered. The execution of the writ would subjectthe defendant to imprisonment for debt, contrary to

the provisions of theOrganic Act. Oahu Lumber & Bldg. Co. v. Ding Sing, 15 Haw. 412 (1904).

Cited in Ex parte Wilder's S.S.Co., 183 U.S. 545, 22 S. Ct. 225, 46 L. Ed. 321 (1902); Territory ofHaw.v. Ng Kow, 15 Haw. 602 (1904); Carter v. Gear, 197 U.S. 348, 25 S. Ct.491 (1905); Territory of

Haw. v. Martin, 19 Haw. 201 (1908); Wynne v. UnitedStates, 217 U.S. 234, 30 S. Ct. 447, 54 L. Ed. 748

(1910); Territory ofHaw. v. Ota, 36 Haw. 80 (1942); State v. Jones, 45 Haw. 247, 365 P.2d 460(1961);

Robinson v. Ariyoshi, 441 F. Supp. 559 (D. Haw. 1977).

8. Certain offices abolished.

That the offices of President, ministerof foreign affairs, minister of the interior, minister of finance,

ministerof public instruction, auditor-general, deputy auditor-general, surveyor-general,marshal, and

deputy marshal of the Republic of Hawaii are hereby abolished.

CASE NOTES

Cited in Fugihara Oriemon v. Territoryof Haw., 13 Haw. 413 (1901); In re Austin, 15 Haw. 114

(1903); Ninomiyav. Kepoikai, 15 Haw. 273 (1903).

9. Amendment of official titles.

That wherever the words "Presidentof the Republic of Hawaii," or "Republic of Hawaii,"

or"Government of the Republic of Hawaii," or their equivalents,occur in the laws of Hawaii not repealed


of 85 9/28/13 12:


14/85

by this Act, they are hereby amendedto read "Governor of the Territory of Hawaii," or "Territoryof

Hawaii," or "Government of the Territory of Hawaii,"or their equivalents, as the context requires.

CASE NOTES

Cited in Fugihara Oriemon v. Territoryof Haw., 13 Haw. 413 (1901).

10. Construction of existing statutes.

That all rights of action, suits at lawand in equity, prosecutions, and judgments existing prior to the

takingeffect of this Act shall continue to be as effectual as if this Act hadnot been passed; and those in

favor of or against the Republic of Hawaii,and not assumed by or transferred to the United States, shall

be equallyvalid in favor of or against the government of the Territory of Hawaii.All offenses which by

statute then in force were punishable as offensesagainst the Republic of Hawaii shall be punishable as

offenses againstthe government of the Territory of Hawaii, unless such statute is inconsistentwith this

Act, or shall be repealed or changed by law. No person shallbe subject to imprisonment for nonpayment

of taxes nor for debt. All criminaland penal proceedings then pending in the courts of the Republic of

Hawaiishall be prosecuted to final judgment and execution in the name of theTerritory of Hawaii; all

such proceedings, all actions at law, suits inequity, and other proceedings then pending in the courts ofthe Republicof Hawaii shall be carried on to final judgment and execution in the correspondingcourts of

the Territory of Hawaii; and all process issued and sentencesimposed before this Act takes effect shall be

as valid as if issued orimposed in the name of the Territory of Hawaii: Provided, That no suitor

proceedings shall be maintained for the specific performance of anycontract heretofore or hereafter

entered into for personal labor or service,nor shall any remedy exist or be enforced for breach of any

such contract,except in a civil suit or proceeding instituted solely to recover damagesfor such breach:

Provided further, That the provisions of this sectionshall not modify or change the laws of the United

States applicable tomerchant seamen.

That all contracts made since August twelfth,eighteen hundred and ninety-eight, by which persons are

held for servicefor a definite term, are hereby declared null and void and terminated,and no law shall bepassed to enforce said contracts in any way; and itshall be the duty of the United States marshal to at

once notify such personsso held of the termination of their contracts.

[Am June 27, 1952, c 477, 403(a),66 Stat 279]

Historical note. - On contractlabor laws, see note to Joint Resolution of Annexation, RLH 1955,

page13.

CASE NOTES

Writ of ne exeat was available, inan action of assumpsit, to prevent a defendant from going awayfromthe Territory or to compel him to give security for the payment of thejudgment that might be

recovered. The execution of the writ would subjectthe defendant to imprisonment for debt, contrary to

the provisions of theOrganic Act. Oahu Lumber & Bldg. Co. v. Ding Sing, 15 Haw. 412 (1904).

Probate judge's power to compel administratorto perform trust not within prohibition against

imprisonment for debt.- The statutory power of a judge in probate to compel an administratorto

perform his trusts and to account in all respects for the dischargeof his official duties is the same as the

compulsory power of equity toenforce its decrees and is not within the prohibition against

imprisonmentfor debt. In re Estate of Ahi, 19 Haw. 232 (1908) (decided under priorlaw).


of 85 9/28/13 12:


15/85


16/85

U.S.D.C. Haw. 18 (1904).

Settlement of legal or moral obligationfor the courts and not the legislature. - Where the facts out

of whicheither a legal or a moral obligation is claimed to arise are disputed,the settlement of the

contention is not a rightful subject of legislation,but falls within the province of the courts. De Mello v.

Fong, 164 F.2d232 (9th Cir. 1947).

Cited in De Mello v. Fong, 37 Haw.415 (1946).

13.

That no person shall sit as a senatoror representative in the legislature unless elected under and in

conformitywith this Act.

CASE NOTES

Cited in Cooke v. Thayer, 22 Haw.247 (1914).

14. General elections.

That a general election shall be heldon the Tuesday next after the first Monday in November, nineteen

hundred,and every second year thereafter: Provided, however, That the governormay in his discretion, on

thirty days' notice, order a special electionbefore the first general election, if, in his opinion, the public

interestsshall require a special session of the legislature.

Cross References. - As to electionof delegate, see 85.

CASE NOTES

Authorizing legislature to alter oramend election laws not authorization to provide for election

of members.- Section 85 of the Organic Act, as amended June 28,1906, authorizing the legislature of theTerritory to alter or amend theelection laws of the Territory, did not authorize the legislature to provideby

statute for the election of members of the legislature at a time otherthan that fixed by this section for the

holding of general elections. Cookev. Thayer, 22 Haw. 247 (1914).

Cited in Fairchild v. Smith, 15Haw. 265 (1903); Lane v. Fern, 20 Haw. 290 (1910).

15. Each house judge of qualificationsof members.

That each house shall be the judge ofthe elections, returns, and qualifications of its own members.

CASE NOTES

Effect of failure to reapportion membershipon subsequently enacted statute. - The question of

whether the failureof the legislature of the Territory, at its first regular session, afterthe census

enumeration was ascertained, to reapportion the membership inthe senate and house of representatives,

as required by 55 of the Organic Act, rendered invalid a statute enacted by the legislaturesubsequent to

such requirement becoming effective, was a political questionand not justiciable. Each house of the

legislature under the Organic Actwas the judge of the elections, returns and qualifications of its own

members,which power, coupled with the well-recognized independence of the legislativebranch of the

government, forbade interference by the judiciary with legislativeexpediency. Territory v. Tam, 36 Haw.


of 85 9/28/13 12:


17/85

32 (1942).

Cited in Harris v. Cooper,14 Haw. 145 (1902).

16. Disqualification of legislators.

That no member of the legislatureshall, during the term for which he is elected, be appointed or

electedto any office of the Territory of Hawaii: Provided, That nothing in thisAct shall prevent a memberof the legislature from serving as a delegateto a constitutional convention.

[Am Oct. 26, 1940, c 752, 63 Stat 926]

CASE NOTES

"Office of the territory"defined. - In its known and ordinary significance, the phrase "officeof the

territory of Hawaii" does not include offices purely localor municipal, but includes only such offices as

were created for the purposeof carrying on the business of the territorial government. Hollinger

v.Kumalae, 25 Haw. 669 (1920) (decision under prior law).

17. Disqualifications of government officersand employees.

That no person holding office in or underor by authority of the Government of the United States or of

the Territoryof Hawaii shall be eligible to election to the legislature, or to holdthe position of a member

of the same while holding said office.

CASE NOTES

Notaries public and similar officersheld not eligible to election to the legislature. In re Notaries

Pub.& Similar Officers to Sit in Legislature, 8 Haw. 561 (1887).

"Office of the territory" defined.- In its known and ordinary significance, the phrase "office oftheterritory of Hawaii" does not include offices purely local or municipal,but includes only such offices

as were created for the purpose of carryingon the business of the territorial government. Hollinger v.

Kumalae, 25Haw. 669 (1920) (decision under prior law).

18.

No idiot or insane person, and no personwho shall be expelled from the legislature for giving or

receiving bribesor being accessory thereto, and no person who, in due course of law, shallhave been

convicted of any criminal offense punishable by imprisonment,whether with or without hard labor, for a

term exceeding one year, whetherwith or without fine, shall register to vote or shall vote or hold

anyoffice in, or under, or by authority of, the government, unless the personso convicted shall have beenpardoned and restored to his civil rights.

CASE NOTES

Cited in In re Loucks, 13 Haw.17 (1900); Kanealii v. Hardy, 17 Haw. 9 (1905); Territory ex rel.

Willisv. Kanealii, 17 Haw. 243 (1905); In re Chung, 44 Haw. 220, 352 P.2d 846(1960).

19. Oath of office.


of 85 9/28/13 12:


18/85

That every member of the legislature,and all officers of the government of the Territory of Hawaii,

shall takethe following oath or affirmation:

I solemnly swear (or affirm), in the presenceof Almighty God, that I will faithfully support the

Constitution and lawsof the United States, and conscientiously and impartially discharge myduties as a

member of the legislature, or as an officer of the governmentof the Territory of Hawaii (as the case may

be).

CASE NOTES

This section did not require thosewho held licenses as attorneys to take any new oath. It made

this obligatoryonly upon every member of the legislature and all officers of the governmentof the

Territory. In re Davis, 15 Haw. 377 (1904).

Cited in In re Pioneer Mill Co.,33 Haw. 305 (1935).

20. Officers and rules.

That the senate and house of representativesshall each choose its own officers, determine the rules of

its own proceedings,not inconsistent with this Act, and keep a journal.

21. Ayes and noes.

That the ayes and noes of the memberson any question shall, at the desire of one-fifth of the members

present,be entered on the journal.

22. Quorum.

That a majority of the number of membersto which each house is entitled shall constitute a quorum of

such housefor the conduct of ordinary business, of which quorum a majority vote shallsuffice; but the

final passage of a law in each house shall require thevote of a majority of all the members to which suchhouse is entitled.

23.

That a smaller number than a quorum mayadjourn from day to day, and compel the attendance of

absent members, insuch manner and under such penalties as each house may provide.

24.

That, for the purpose of ascertainingwhether there is a quorum present, the chairman shall count the

numberof members present.

25. Punishment of persons not members.

That each house may punish by fine, orby imprisonment not exceeding thirty days, any person not a

member of eitherhouse who shall be guilty of disrespect of such house by any disorderlyor contemptuous

behavior in its presence or that of any committee thereof;or who shall, on account of the exercise of any

legislative function, threatenharm to the body or estate of any of the members of such house; or whoshall

assault, arrest, or detain any witness or other person ordered toattend such house, on his way going to or

returning therefrom; or who shallrescue any person arrested by order of such house.


of 85 9/28/13 12:


19/85

But the person charged with the offenseshall be informed, in writing, of the charge made against him,

and havean opportunity to present evidence and be heard in his own defense.

CASE NOTES

State senators held subject to garnishmentstatute. - As state senators were accustomed or entitled

to draw theirsalaries from the clerk of the senate upon a warrant of the auditor, thegarnishment statute

authorized garnishing each of those officials. Thestatute was not unconstitutional on the ground that itwas against publicpolicy that a percentage of the salaries of legislators, judges and governors,if paid by

the State, should be subject to attachment for their debts.See See Kong v. Chillingworth, 19 Haw. 428

(1909).

OPINIONS OF ATTORNEY GENERAL

Powers to punish for disrespect orcontempt are limited only to those situations in which the

disrespector contempt is manifested before the house or senate or a committee whilein session. Op. Att'y

Gen. No. 59-23 (1959).

The powers of the respective houses topunish any person for showing disrespect or contempt arelimited to theactions of such disrespectful or contemptuous persons before the houseor its committee

only and not where the contempt or disrespect is manifestedbefore the other house. Op. Att'y Gen. No.

59-23 (1959).

Rule requiring registration of interestby lobbyists in both houses. - The legislature may adopt by

concurrentresolution a single rule which is applicable to both the house and to thesenate, requiring the

registration or revealing of interest by lobbyistsprior to any appearance before either the house or senate

or a committeeof the house or senate. The sanctions against persons who fail to complywith such a rule

are limited to appearances before the house and senateand committees thereof while in session. Neither

house may punish an individualfor failure to comply with the rule while appearing before the other

houseor a committee thereof. If it is the desire of the legislature to regulatethe activities of lobbyistsbeyond the scope of a rule adopted by a concurrentresolution, such restrictions must be enacted by either

an act or a jointresolution having the force and effect of law in accordance with sections44 through 48 of

the Organic Act. Op. Att'y Gen. No. 59-23 (1959).

26. Compensation of members.

The members of the legislature shall receivefor their services, in addition to mileage to and from

general sessionsat the rate of 20 cents a mile each way, the sum of $1,000 for each generalsession,

payable in three equal installments, on and after the first, thirtieth,and fiftieth days of such session, to be

appropriated by Congress fromany moneys in the Treasury not otherwise appropriated, based upon

regularestimates submitted through the Secretary of the Interior. The sums authorizedto be appropriatedfrom the Federal Treasury for mileage and salary ofmembers for general sessions shall constitute the

only sums to be appropriatedby the Congress for legislative expenses. Members shall receive from

theTreasury of the Territory $500 as compensation for any special sessionheld under the provisions of

existing law. The Territory of Hawaii is herebyauthorized to enact such laws as it may deem appropriate

for the paymentfrom the Treasury of the Territory for compensation and mileage to suchmembers for

budget sessions and for the payment of additional compensationto such members for general sessions

and special sessions.

[Am May 27, 1910, c 258, 2, 36Stat 443; July 9, 1921, c 42, 301, 42 Stat 115; June 27, 1930,


of 85 9/28/13 12:


20/85

c647, 46 Stat 823; Aug. 20, 1958, Pub L 85-690, 4, 72 Stat 684]

Historical note. - Between 1909and 1930, appropriations by Congress for Hawaiian legislative

expensescontained the proviso that legislators should not receive compensationor mileage for any session

held under 54 ofthe Organic Act.

27. Punishment of members.

That each house may punish its own membersfor disorderly behavior or neglect of duty, by censure,

or by a two-thirdsvote suspend or expel a member.

28. Exemption from liability.

That no member of the legislature shallbe held to answer before any other tribunal for any words

uttered in theexercise of his legislative functions in either house.

29. Exemption from arrest.

That the members of the legislature shall,in all cases except treason, felony, or breach of the peace, be

privilegedfrom arrest during their attendance at the sessions of the respective houses,and in going to andreturning from the same: Provided, That such privilegeas to going and returning shall not cover a period

of over ten days eachway.

THE SENATE.

30. Senate; Number; Term.

The senate shall be composed of twenty-fivemembers, who shall be elected by the qualified voters of

the respectivesenatorial districts for a term of four years beginning with their electionand ending on the

day of the second general election after their election:Provided, however, That (1) senators elected at the

general election of1956 shall continue to hold office until the expiration of the terms forwhich they wereelected and shall be deemed to have been elected from thenew senatorial district in which they resided at

the time of their election;and (2) that at the first session of the legislature subsequent to thegeneral

election of 1958, the legislature shall so assign the senatorsto long or short terms, that as nearly as

possible one half of them, includingthe holdover senators, shall hold office for two years and the

remainingsenators shall hold office for four years. In the event that the legislaturefails to make the

necessary assignments of short and long terms for senatorsas herein required, the Governor shall do so.

[Am Aug. 1, 1956, c 851, 1, 70Stat 903]

Cross References. - See 55 of the Organic Act as to reapportionment of senators and

representativeson the basis of the number of citizens as determined by the census.

CASE NOTES


31. Vacancies.

That vacancies caused by death, resignation,or otherwise shall be filled for the unexpired term at

general or specialelections.


of 85 9/28/13 12:


21/85

32. Senatorial Districts.

For the purpose of representation in thesenate, the Territory is divided into the following senatorial

districts,namely:

First senatorial district: That portionof the island of Hawaii known as Puna, Hilo and Hamakua;

Second senatorial district: That portionof the island of Hawaii known as Kau, Kona and Kohala;

Third senatorial district: The islandsof Maui, Molokai, Lanai and Kahoolawe;

Fourth senatorial district: That portionof the island of Oahu lying east and south of Nuuanu Street and

Pali Roadand the upper ridge of the Koolau Range from the Nuuanu Pali to MakapuuPoint and all other

islands not specifically enumerated;

Fifth senatorial district: That portionof the island of Oahu lying west and north of the fourth senatorial

district;and

Sixth senatorial district: The islandsof Kauai and Niihau.

[Am Aug. 1, 1956, c 851, 2, 70Stat 903]

CASE NOTES

Cited in Dyer v. Abe, 138 F. Supp.220 (D. Haw. 1956).

33. Apportionment of senators.

The electors in the said senatorial districtsshall be entitled to elect senators as follows:

In the first senatorial district, five;

In the second senatorial district, two;

In the third senatorial district, five;

In the fourth senatorial district, five;

In the fifth senatorial district, five;

In the sixth senatorial district, three.

[Am Aug. 1, 1956, c 851, 3, 70Stat 903]

Cross References. - On reapportionmentof senators after the census, see 55 of theOrganic Act.

CASE NOTES


34. Qualifications of senators.


of 85 9/28/13 12:


22/85

That in order to be eligible to electionas a senator a person shall- Be a citizen of the United States;

Have attainedthe age of thirty years; Have resided in the Hawaiian Islands not lessthan three years and be

qualified to vote for senators in the districtfrom which he is elected.

[Am Sept. 15, 1922, c 315, 42 Stat 844]

CASE NOTES

Former 31of the Organic Act, relating to filing of nomination papers by candidates,was not in

conflict with this section. Chandler v. Mott-Smith, 19 Haw.225 (1908).


THE HOUSE OF REPRESENTATIVES.

35. House of Representatives; Number.

The house of representatives shall becomposed of fifty-one members, who shall be elected by the

qualified votersof the respective representative districts.

[Am Sept. 15, 1922, c 315, 42 Stat 844]

36. Term of office.

That the term of office of the representativeselected at any general or special election shall be until the

next generalelection held thereafter.

CASE NOTES

Cited in Cooke v. Thayer, 22 Haw.247 (1914).

37. Vacancies.

That vacancies in the office of representativecaused by death, resignation, or otherwise shall be filled

for the unexpiredterm at special elections.

38. Representative Districts.

For the purpose of representation in thehouse of representatives, the Territory is divided into the

following representativedistricts:

First representative district: That portionof the island of Hawaii known as Puna;

Second representative district: That portionof the island of Hawaii known as South Hilo;

Third representative district: That portionof the island of Hawaii known as North Hilo and Hamakua;

Fourth representative district: That portionof the island of Hawaii known as Kau and South Kona and

that portion ofNorth Kona, for convenience herein referred to as Keauhou, more particularlydescribed as

follows: (1) from a point at the seashore between the landsof Holauloa 1 and 2 and Puapuaa 2 running

northeasterly along the boundaryof Holauloa 1 and 2 to Puu Laalaau; (2) easterly in a straight line toa


of 85 9/28/13 12:


23/85


24/85

Fourteenth representative district: Thatportion of the island of Oahu, for convenience herein referred

to as Pauoa,more particularly described as follows: (1) from the junction of the HonoluluHarbor Channel

and the outer edge of the reef running northeasterly alongthe middle of Honolulu Harbor Channel and

Honolulu Harbor to the intersectionof Queen Street and Nuuanu Avenue; (2) northeasterly along Nuuanu

Avenueto Pali Road and northeasterly along Pali Road to the top of Koolau Rangeat the Nuuanu Pali; (3)

easterly and southerly along the top of the KoolauRange to a point called Puu Konahuanui; (4)

southwesterly along the topof the ridge between the lands of Nuuanu, Pauoa and Manoa to a

mountainpeak called Puu Ohia or Tantalus; (5) southwesterly along the top of theridge between the landsof Makiki and Kalawahine to the intersection ofNehoa Street and Lewalani Drive; (6) southerly along

Lewalani Drive andPiikoi Street to Wilder Avenue; (7) easterly along Wilder Avenue to PunahouStreet;

(8) southerly along Punahou Street to King Street; (9) westerlyalong King Street to Kalakaua Avenue;

(10) southerly along Kalakaua Avenueto the center line of the Ala Wai Canal; (11) westerly along said

canaland along the line of said canal extended to the outer edge of the reef;and (12) westerly along the

outer edge of the reef to the point of beginning.

Fifteenth representative district: Thatportion of the island of Oahu, for convenience herein referred to

as Manoaand Waikiki, more particularly described as follows: (1) from the intersectionof Kalakaua

Avenue and the center line of the Ala Wai Canal running northerlyalong Kalakaua Avenue to King

Street; (2) easterly along King Street toPunahou Street; (3) northerly along Punahou Street to WilderAvenue; (4)westerly along Wilder Avenue to Piikoi Street; (5) northerly along PiikoiStreet to Lewalani

Drive; (6) northerly along Lewalani Drive to Nehoa Street;(7) northeasterly along the top of the ridge

between the lands of Makikiand Kalawahine to a mountain peak called Puu Ohia or Tantalus; (8)

northeasterlyalong the top of the ridge between the lands of Pauoa, Manoa and Nuuanuto a point on the

Koolau Range called Puu Konahuanui; (9) southeasterlyalong the top of said range to a place called

Mountain Olympus; (10) southwesterlyalong the top of Waahila Ridge to the top edge of Palolo Valley;

(11) southwesterlyalong the top edge of said valley to the forest reserve boundary; (12)southwesterly

along the southeasterly boundary of Saint Louis Heights tract,series 2 (file plan 464) to the southerly

boundary of said tract one hundredfeet southeasterly from Alencastre Street; (13) southwesterly

parallelto and one hundred feet from Alencastre Street and Saint Louis Drive toWaialae Avenue; (14)westerly along Waialae Avenue to Kapahulu Avenue extended;(15) southerly across Waialae Avenue and

along Kapahulu Avenue to KalakauaAvenue; (16) westerly along Kapahulu Avenue extended to the outer

edgeof the reef; (17) northwesterly along the outer edge of the reef to a pointon the line extended of the

center line of the Ala Wai Canal; and (18)easterly along said line to the point of beginning;

Sixteenth representative district: Thatportion of the island of Oahu, for convenience herein referred to

as Kaimukiand Kapahulu, more particularly described as follows: (1) from a pointat the seacoast at a

place called Black Point running westerly along theseacoast to Kapahulu Avenue extended to the sea; (2)

easterly across KalakauaAvenue and easterly and northerly along Kapahulu Avenue to Waialae

Avenue;(3) easterly along Waialae Avenue to a point one hundred feet easterlyof Saint Louis Drive; (4)

northeasterly across Waialae Avenue then parallelto and one hundred feet from Saint Louis Drive andAlencastre Street tothe southerly boundary of Saint Louis Heights tract, series 2 (file plannumbered 464);

(5) northeasterly along the southeasterly boundary of saidtract to the forest reserve boundary; (6)

northeasterly along the top ridgeof Palolo Valley to the top of Waahila Ridge; (7) northeasterly along

thetop of Waahila Ridge to a point on Koolau Range called Mount Olympus; (8)easterly along the top of

the Koolau Range to the top of the ridge betweenthe lands of Waialae Nui and Palolo; (9) southwesterly

along the top ofsaid ridge to a place called Kalepeamoa; (10) southwesterly along MauumaeRidge to

Sierra Drive; (11) southwesterly along Sierra Drive to WaialaeAvenue; (12) easterly along Waialae

Avenue to Thirteenth Avenue; (13) southwesterlyalong Thirteenth Avenue and Ocean View Drive to


of 85 9/28/13 12:


25/85

Kilauea Avenue; (14) westerlyalong Kilauea Avenue to Makapuu Avenue; (15) southwesterly along

MakapuuAvenue to Diamond Head Road; and (16) southeasterly along Diamond HeadRoad to the

military road and along the military road extended to the pointof beginning;

Seventeenth representative district: Thatportion of the island of Oahu not included in any other

representativedistrict on the island of Oahu, together with all other islands not includedin any other

representative district;

Eighteenth representative district: Theislands of Kauai and Niihau. Wherever a roadway or

intersection of oneor more roadways is designated as a boundary in any of the above descriptions,the

centerline of such roadway or intersection is intended as such boundary.

[Am Aug. 1, 1956, c 851, 5, 70Stat 904]

CASE NOTES


39. Apportionment of Representatives.

The electors in said representative districtsshall be entitled to elect representatives as follows, prior to

the firstreapportionment: First, one; second, four; third, one; fourth, one; fifth,one; sixth, one; seventh,

five; eighth, two; ninth, two; tenth, two; eleventh,three; twelfth, three; thirteenth, three; fourteenth, five;

fifteenth,six; sixteenth, four; seventeenth, three; eighteenth, four.

[Am Aug. 1, 1956, c 851, 6, 70Stat 906]

Cross References. - As to reapportionmentof representatives after the census, see 55of the Organic

Act.

CASE NOTES


40. Qualifications of representatives.

That in order to be eligible to be a memberof the house of representatives a person shall, at the time of

election-

Have attained the age of twenty-five years;

Be a citizen of the United States;

Have resided in the Hawaiian Islands not lessthan three years and shall be qualified to vote for

representatives inthe district from which he is elected.

[Am Sept. 15, 1922, c 315, 42 Stat 844]

CASE NOTES

Former 31of the Organic Act, relating to filing of nomination papers by candidates,was not in


of 85 9/28/13 12:


26/85

conflict with this section. Chandler v. Mott-Smith, 19 Haw.225 (1908).

Cited in In re Loucks, 13 Haw.17 (1900); Harris v. Cooper, 14 Haw. 145 (1902).

LEGISLATION.

41. Sessions of the legislature.

(a) Regular sessions of the legislatureshall be held in odd number years and additional regular

sessions may,if so provided by act of the legislature be held in even number years.All such sessions shall

commence at 10 o'clock antemeridian, on the thirdWednesday in February. Regular sessions in odd

number years shall be knownas general sessions and those in even number years shall be known as

budgetsessions.

(b) At budget sessions the legislatureshall be limited to the consideration and enactment of (1) the

generalappropriation bill for the succeeding fiscal year, (2) bills to authorizeproposed capital

expenditures, (3) revenue bills necessary therefor, (4)bills calling elections, (5) proposed constitutional

amendments, (6) billsto provide for the expenses of such session, and (7) matters relating tothe

impeachment or removal of officers.

[Am Aug. 20, 1958, Pub L 85-690, 1, 72 Stat 684]

42.

That neither house shall adjourn duringany session for more than three days, or sine die, without the

consentof the other.

43.

(a) General sessions shall be limitedto a period of sixty days and budget sessions and special sessions

to aperiod of thirty days, but the Governor may extend any session for notmore than thirty days. Sundaysand holidays shall be excluded in computingthe number of days in any session.

(b) The Governor may convene the legislature,or the Senate alone, in special session. All sessions

shall be held atthe capital of the Territory. In case the capital shall be unsafe, theGovernor may direct that

any session shall be held at some other placein the Territory of Hawaii.

[Am Aug. 20, 1958, Pub L 85-690, 2, 72 Stat 684]

44. Enacting clause - English language.

That the enacting clause of all laws be,"Be it enacted by the legislature of the Territory of Hawaii."Alllegislative proceedings shall be conducted in the English language.


Rule requiring registration of interestby lobbyists in both houses. - The legislature may adopt by

concurrentresolution a single rule which is applicable to both the house and to thesenate, requiring the

registration or revealing of interest by lobbyistsprior to any appearance before either the house or senate

or a committeeof the house or senate. The sanctions against persons who fail to complywith such a rule

are limited to appearances before the house and senateand committees thereof while in session. Neither


of 85 9/28/13 12:


27/85

house may punish an individualfor failure to comply with the rule while appearing before the other

houseor a committee thereof. If it is the desire of the legislature to regulatethe activities of lobbyists

beyond the scope of a rule adopted by a concurrentresolution, such restrictions must be enacted by either

an act or a jointresolution having the force and effect of law in accordance with 44 through 48 of the

OrganicAct. Op. Att'y Gen. No. 59-23 (1959).

45. Title of laws.

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

CASE NOTES

Section is mandatory. - This sectionhas the force and effect of a constitutional provision which is

mandatory.Territory v. Kua, 22 Haw. 307 (1914).

This section is mandatory, and the disregardingof it by the legislature makes its act nugatory. In re

Goddard, 35 Haw.203 (1939).

But it should be liberally construed,and an act of the legislature should not be held void on the

ground thatit conflicts with this provision, except in a clear case. Dole v. Cooper,15 Haw. 297 (1903).

This section should be liberally construed.Ahmi v. Buckle, 17 Haw. 200 (1905).

Title fixes bounds of act. - Thetitle of an act may be broader than the act without violating this

provision.However, the title, if restricted, must be the standard to determine thescope of the act, and the

act cannot be broader than its title. In otherwords, the title fixes the bounds of the act, beyond which the

legislaturemay not go. Territory v. Kua, 22 Haw. 307 (1914).

Reason for simple title. - Thewell-known reason for requiring a simple and explanatory title is in

orderthat lawmakers may not be misled in passing bills containing subjects ofwhich they are not

reasonably apprised by the title. Territory of Haw.v. Jacintho Miguel, 18 Haw. 402 (1907), appealdismissed, 214 U.S. 531,29 S. Ct. 699, 53 L. Ed. 1070 (1909).

Amendatory act. - Where the titleto an act amending a certain section of a certain chapter of the

RevisedLaws expresses one branch or phase of the subject treated in such chapter,the amendatory act is

thereby restricted; and a proviso therein relatingto a subject separate and distinct from that expressed in

its title isvoid. Territory v. Kua, 22 Haw. 307 (1914).

Title to Act 99, Laws 1913, reading "AnAct to Amend Section 1323 of the Revised Laws as Amended

by Act 151 ofthe Laws of 1909, Relating to the Issuance of Licenses," where thebody of the act

contained a proviso relating to the payment of personaland property taxes, was misleading insofar as the

matter contained in saidproviso was concerned, the same not being related to, nor allied with,the subjectexpressed in the title. Territory v. Kua, 22 Haw. 307 (1914).

Code revision. - Short act, bywhich the legislature enacted a code revision as a whole by

reference,did not violate this section and 46 of theOrganic Act. In re Pong, 17 Haw. 566 (1906).

Parts of act should have natural connection.- It is sufficient if the various parts of an act have a

natural connection,are fairly well embraced in one subject, though somewhat general, and areexpressed

in the title. Dole v. Cooper, 15 Haw. 297 (1903).


of 85 9/28/13 12:


28/85

Act vitiated by void portion. -So much of Act 31, Laws of 1903, known as the County Act, as

provided newfeatures in territorial taxation not incidental to county organizationor government, was void

under the provision of this section "thateach law shall embrace but one subject, which shall be expressed

in itstitle," and said void portion was such an essential feature as tovitiate the whole act. Territory of

Haw. v. Supervisors of Oahu, 15 Haw.365 (1904).

Cited in In re Contested Election,15 Haw. 323 (1903); Castle v. Atkinson, 16 Haw. 769 (1905);

Schoening v.Miner, 22 Haw. 196 (1914); Waiakea Mill Co. v. Vierra, 35 Haw. 550 (1940);Territory ofHaw. v. Alford, 39 Haw. 460 (1952); Jensen v. Turner, 40 Haw.604 (1954); Costa ex rel. Hanvey v.

Flintkote Co., 42 Haw. 518 (1958);Von Holt v. Izumo Taisha Kyo Mission, 42 Haw. 671 (1958); Johnson

&Johnson, Inc. v. G.E.M. Sundries Co., 43 Haw. 103 (1959); State v. HawaiianDredging Co., 48 Haw.

152, 397 P.2d 593 (1964); Gallas v. Sanchez, 48 Haw.370 (1965); Schwab v. Ariyoshi, 58 Haw. 25, 564

P.2d 135 (1977).


Concurrent resolution. - The legislaturemay adopt by concurrent resolution a single rule which is

applicable toboth the house and to the senate, requiring the registration or revealingof interest by

lobbyists prior to any appearance before either the houseor senate or a committee of the house or senate.The sanctions againstpersons who fail to comply with such a rule are limited to appearancesbefore the

house and senate and committees thereof while in session. Neitherhouse may punish an individual for

failure to comply with the rule whileappearing before the other house or a committee thereof. If it is the

desireof the legislature to regulate the activities of lobbyists beyond the scopeof a rule adopted by a

concurrent resolution, such restrictions must beenacted by either an act or a joint resolution having the

force and effectof law in accordance with 44 through48 of the Organic Act. Op. Att'y Gen. No. 59-23

(1959).

46. Reading of bills.

That a bill in order to become a law shall,except as herein provided, pass three readings in each house,on separatedays, the final passage of which in each house shall be by a majority voteof all the members

to which such house is entitled, taken by ayes and noesand entered upon its journal.

CASE NOTES

Code revision. - Short act, bywhich the legislature enacted a code revision as a whole by

reference,did not violate this section and 45 of theOrganic Act. In re Pong, 17 Haw. 566 (1906).

Cited in Dole v. Cooper, 15 Haw.297 (1903); Territory of Haw. v. Supervisors of Oahu, 15 Haw. 365

(1904);Smithies v. Conkling, 20 Haw. 600 (1911).




lobbyists prior to any appearance before either the houseor senate or a committee of the house or senate.

The sanctions againstpersons who fail to comply with such a rule are limited to appearancesbefore the





of 85 9/28/13 12:


29/85



(1959).

47. Certification of bills from one houseto the other.

That every bill when passed by the housein which it originated, or in which amendments thereto shall

have originated,shall immediately be certified by the presiding officer and clerk and sentto the otherhouse for consideration.








desireof the legislature to regulate the activities of lobbyists beyond the scopeof a rule adopted by aconcurrent resolution, such restrictions must beenacted by either an act or a joint resolution having the


(1959).

48. Signing bills.

That, except as herein provided, all billspassed by the legislature shall, in order to be valid, be signed

by thegovernor.

CASE NOTES

Cited in In re Carter, 16 Haw.242 (1904).











(1959).

VETO.

49. Veto of Governor.

That every bill which shall have passedthe legislature shall be certified by the presiding officers and


of 85 9/28/13 12:


30/85

clerksof both houses, and shall thereupon be presented to the governor. If heapproves it, he shall sign it,

and it shall become a law. If the governordoes not approve such bill, he may return it, with his objections,

to thelegislature. He may veto any specific item or items in any bill which appropriatesmoney for specific

purposes; but shall veto other bills, if at all, onlyas a whole.

CASE NOTES

Cited in Robinson v. Baldwin, 19Haw. 9 (1908).

50. Procedure upon receipt of veto.

That upon the receipt of a veto messagefrom the governor each house of the legislature shall enter the

same atlarge upon its journal and proceed to reconsider such bill, or part ofa bill, and again vote upon it

by ayes and noes, which shall be enteredupon its journal.

If after such reconsideration such bill,or part of a bill, shall be approved by a two-thirds vote of all the

membersto which each house is entitled, it shall thereby become law.

51. Failure to sign or veto.

That if the governor neither signs norvetoes a bill within ten days after it is delivered to him it shall

becomea law without his signature, unless the legislature adjourns sine die priorto the expiration of such

ten days.

If any bill shall not be returned by thegovernor within ten days (Sundays excepted) after it shall have

been presentedto him, the same shall be a law in like manner as if he had signed it,unless the legislature

by their adjournment prevents its return, in whichcase it shall not be a law.

Historical note. - The first paragraphof this section was taken, by the commission which drafted this

act, fromthe Hawaiian Const. of 1894 ( 69), and the second paragraph was addedby Congress, from the

federal Constitution, Art. 1, 7. The lattergiving twelve days, including Sundays, in which to return abill, probablycontrols the former, and apparently this was recognized by the legislaturein the case of L.

1911, c. 143. In several instances bills have been signedby the governor after the adjournment of the

legislature, but within tendays after their passage.

CASE NOTES

Pocket veto. - A pocket veto occursin the following situation: (a) the bill is passed by the legislature

atthe regular session; (b) it is delivered to the governor after the legislatureadjourns the regular session

sine die; (3) while the governor has it underconsideration, the legislature, composed of the same

members as in theregular session, is convened in special session; (4) on the tenth day (Sundaysexcepted)

after its delivery to the governor, the legislature is in session;(5) it is not signed by the governor nor is itreturned by him to the legislaturewith his objections. The legislature, by adjournment sine die of the

regularsession, prevents the governor from returning the bill with his objectionsto the session that passed

it. Hawaiian Airlines v. Public Utils. Comm'n,43 Haw. 216 (1959).

APPROPRIATIONS.

52.


of 85 9/28/13 12:


31/85

7/27/2019 Organic Act to Provide a Government for th