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ment.

Appointment "(b) The President of the United States, by and with the advice and marshal.attorney, and consent of the Senate of the United States, shall appoint two of judges, Citizenship require district judges, a district attorney, and a marshal of the United States for the said district, all of whom shall be citizens of the Territory of Hawaii and shall have resided therein for at least three years next preceding their appointment. Said judges, attorney, and marshal shall hold office for six years unless sooner removed by the President.

Term of office.

Jurisdiction.

Procedure, etc.

error, etc.

"(c) The said court shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizable in a circuit court of the United States, and shall proceed therein in the same manner as a circuit court; and the said judges, district attorney, and marshal shall have and exercise in the Territory of Hawaii all the powers conferred by the laws of the United States upon the judges, district attorneys, and marshals of district and circuit courts of the United States.

"(d) Writs of error and appeals from the said district court shall be had and allowed to the circuit court of appeals for the ninth judicial circuit in the same manner as writs of error and appeals are allowed from circuit courts to circuit courts of appeal as provided by law, and appeals and writs of error may be taken to the Supreme Court of the United States from said district court in cases where appeals and writs of error are allowed from the district and circuit courts of the United States to the Supreme Court, and the laws of Appeals, writs of the United States relating to juries and jury trials shall be applicable to said district court. The laws of the United States relating to appeals, writs of error, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii. Regular terms of said court shall be held at Honolulu on the second Monday in April and October, and special terms may be held at such times and places in said district as the said judges may deem expedient. The said district judges shall appoint a clerk of said court at a salary of $4,200 per annum and shall appoint a reporter of said court at a salary of $3,000 per annum. The clerk of the district court with the approval of the judges thereof may appoint two deputy clerks at salaries of $2,500 each per annum. SEC. 314. Section 92 of the Hawaiian Organic Act is hereby amended to read as follows:

Terms.

Clerk.

Reporter.

Deputy clerks.

Appeals from Territorial supreme court

omitted.

Officers.

Vol. 36, p. 448, amend

ed.

Salaries from United

States.

Pay increased.

"SEC. 92. That the following officers shall receive the following annual salaries, to be paid by the United States: The governor, $10,000; the secretary of the Territory, $5,400; the chief justice of the Supreme Court of the Territory, $7,500; the associate judges of the Supreme Court, $7,000 each; the judges of the circuit courts, $6,000 each; the United States district attorney, $5,000; the United States marshal, $5,000. The governor shall receive annually from the United States, in addition to his salary, (1) the sum of $1,000 for stationery, postage, and incidentals, and (2) his traveling expenses while absent from the capital on official business. The Private secretary of governor is authorized to employ a private secretary who shall receive an annual salary of $3,000, to be paid by the United States." SEC. 315. The Hawaiian Organic Act is hereby further amended by adding at the end thereof three additional sections to read as follows:

governor.

New sections.

Mechanics or laborers on public works to

"SEC. 105. That no person shall be employed as a mechanic or be citizens, or eligibles. laborer upon any public work carried on in the Territory of Hawaii by the Government of the United States, whether the work is done by contract or otherwise, unless such person is a citizen of the United States or eligible to become such a citizen.

missioners.

specified.

"SEC. 106. The board of harbor commissioners of the Territory of Hawaii shall have and exercise all the powers and shall perform all Powers and duties the duties which may lawfully be exercised by or under the Territory of Hawaii relative to the control and management of the shores, shore waters, navigable streams, harbors, harbor and water-front improvements, ports, docks, wharves, quays, bulkheads, and landings belonging to or controlled by the Territory, and the shipping using the same, and shall have the authority to use and permit and regulate the use of the wharves, piers, bulkheads, quays, and landings belonging to or controlled by the Territory for receiving or discharging passengers and for loading and landing merchandise, with a right to collect wharfage and demurrage thereon or therefor, and, subject to all applicable provisions of law, to fix and regulate from time to time rates for services rendered in mooring vessels, charges for the use of moorings belonging to or controlled by the Territory, rates or charges for the services of pilots, wharfage, or demurrage, rents or charges for warehouses or warehouse space, for office or office space, for storage of freight, goods, wares, and merchandise, for storage space for the use of donkey engines, derricks, or other equipment belonging to the Territory, under the control of the board, and to make other charges, including toll or tonnage charges on freight passing over or across wharves, docks, quays, bulkheads, or landings. The board shall likewise have power to appoint and remove clerks, wharfingers and their assistants, pilots and pilot-boat crews, and all such other employees as may be necessary, and to fix their compensation; to make rules and regulations pursuant to this section and not inconsistent with law; and generally shall have all powers necessary fully to carry out the provisions of this section.

"All moneys appropriated for harbor improvements, including new construction, reconstruction, repairs, salaries, and operating expenses, shall be expended under the supervision and control of the board, subject to the provisions of law. All contracts and agreements authorized by law to be entered into by the board shall be executed on its behalf by its chairman.

Supervision, etc., by, ments, expenses, etc.

of harbor improve

Annual report of

"The board shall prepare and submit annually to the governor a report of its official acts during the preceding year, together with its official acts, etc. recommendations as to harbor improvements throughout the Ter

ritory.

"SEC. 107. That this Act may be cited as the 'Hawaiian Organic Title of Act. Act.'"

TITLE 4.-MISCELLANEOUS PROVISIONS.

Miscellaneous.

pealed.

provision not to affect

SEC. 401. All Acts or parts of Acts, either of the Congress of the Inconsistent laws reUnited States or of the Territory of Hawaii, to the extent that they are inconsistent with the provisions of this Act, are hereby repealed. SEC. 402. If any provision of this Act, or the application of such Invalidity of any provision to certain circumstances, is held unconstitutional, the re- others. mainder of the Act and the application of such provision to circumstances other than those as to which it is held unconstitutional shall not be held invalidated thereby. Approved, July 9, 1921.

CHAP. 43.-Joint Resolution Ratifying and confirming from and including July 1, 1921, obligations incurred pursuant to the terms of certain appropriations for the fiscal year 1922.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That appropriations for the service of the fiscal year 1922, contained in the Act entitled "An Act making appropriations for the naval service for the fiscal year ending

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July 1, 1921.

and confirmed.

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Made available from June 30, 1922, and for other purposes, are hereby made available from and including July 1, 1921, for the purposes provided in such Obligations ratified appropriations for the service of such fiscal year. And all obligations incurred pursuant to the terms of such appropriations in the aforesaid Act as approved are ratified and confirmed from and including July 1, 1921.

July 12, 1921. (H. R. 4803.)

[Public, No. 35.]

priations.

Ante, p. 121.

Approved, July 15, 1921.

CHAP. 44.-An Act Making appropriations for the naval service for the fiscal year ending June 30, 1922, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United Naval service appro- States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June 30, 1922, and for other purposes:

General expenses.

Schedule of all pay and allowances to be sent to Congress.

Pay, miscellaneous.

Expenses designated.

men entering Naval Academy.

GENERAL EXPENSES.

The Secretary of the Navy shall send to Congress at the beginning of its next regular session a complete schedule or list showing the amount of money of all pay and for all allowances for each grade of officers in the Navy, including retired officers, and for all officers included in this Act and for all enlisted men so included.

PAY, MISCELLANEOUS.

For commissions and interest; transportation of funds; exchange; mileage to officers of the Navy and Naval Reserve Force while trav eling under orders in the United States, and for actual personal expenses of officers of the Navy and Naval Reserve Force while traveling abroad under orders, and for traveling expenses of civilian emMileage to midship, ployees; and for mileage, at 5 cents per mile, to midshipmen entering the Naval Academy while proceeding from their homes to the Naval Academy for examination and appointment as midshipmen; for actual traveling expenses of female nurses; actual expenses of officers while on shore patrol duty; hire of launches or other small boats in Asiatic waters; for rent of buildings and offices not in navy yards; expenses of courts-martial, prisoners and prisons, and courts of inquiry, boards of inspection, examining boards, with clerks, and witnesses' fees, and traveling expenses and costs; expenses of naval defense districts; stationery and recording; religious books; newspapers and periodicals for the naval service; all advertising for the Navy Department and its bureaus (except advertising for recruits for the Bureau of Navigation); copying; ferriage; tolls; costs of suits; commissions, warrants, diplomas, and discharges; relief of vessels in distress; recovery of valuables from shipwrecks; quarantine expenses; reports; professional investigation; cost of special instruction at home and abroad, including maintenance of students and attachés; from information from abroad and at home, and the collection and classification thereof; all charges pertaining to the Navy Department and its bureaus for ice for the cooling of drinking water on shore (except at naval hospitals), and not to exceed $250,000 for telephone rentals and tolls, telegrams and cablegrams; postage, foreign and domestic, and post-office box rentals; and other necessary and incidental exRestriction on use in penses: Provided, That no part of this appropriation shall be available for the expense of any naval district unless the commandant thereof shall be also the commandant of a navy yard, naval training

Information abroad, etc.

Provisos.

naval districts.

Clerical, etc., serv

yards and

Interned persons and

station, or naval operating base: Provided further, That the sum to ices at be paid out of this appropriation, under the direction of the Secretary stations. of the Navy, for clerical, inspection, and messenger service in navy yards and naval stations, for the fiscal year ending June 30, 1922, shall not exceed $750,000, and for necessary expenses for the interned prisoners of war. persons and prisoners of war under the jurisdiction of the Navy Department, including funeral expenses for such interned persons or prisoners of war as may die while under such jurisdiction, and for payment of claims for damages under Naval Act approved July 11, 1919; in all, $3,500,000.

Private damages

claims.

Vol. 41, p. 132.

Contingent.

CONTINGENT, NAVY: For all emergencies and extraordinary expenses, exclusive of personal services in the Navy Department or any of its subordinate bureaus or offices at Washington, District of Columbia, arising at home or abroad, but impossible to be anticipated Authority of the Secor classified, to be expended on the approval and authority of the retary. Secretary of the Navy, and for such purposes as he may deem proper, $50,000.

Virgin Islands.
Temporary govern-
ment in.
Vol. 39, p. 1132.

Provisos.

Citizenship require

TEMPORARY GOVERNMENT FOR WEST INDIAN ISLANDS: For expenses incident to the occupation of the Virgin Islands and to the .39, execution of the provisions of the Act providing a temporary government for the West Indian Islands acquired by the United States from Denmark, and for other purposes, approved March 3, 1917, to be applied under the direction of the President, $343,440: Provided, That no person owing allegiance to any country other than the ments for office in. United States of America shall be eligible to hold office as a member of the colonial councils of the Virgin Islands of the United States nor to hold any public office under the government of said islands: Provided further, That the income tax laws now in force in the United States of America and those which may hereafter be enacted shall be held to be likewise in force in the Virgin Islands of the United States, except that the proceeds of such taxes shall be paid into the treasuries of said islands.

United States

in

come tax laws appli

cable.
Use of proceeds.

Post, p. 271.

Civilian consulting

EXPENSES, CIVILIAN NAVAL CONSULTING BOARD: For actual expenses board. incurred by and in connection with the civilian naval consulting board, including the services of one clerk, at $1,400 per annum, for duty in connection with the board at Washington, District of Columbia, $5,000.

Aviation.

Expenses desig

nated.

Post, p. 141.

Air station build

AVIATION, NAVY: For aviation, to be expended under the direction of the Secretary of the Navy, as follows: For aircraft and accessories in course of construction or manufacture on June 30, 1921, $440,000; for new construction and procurement of aircraft and equipment, $5,323,000; for navigational, photographic, and aerological equipment, including repairs thereto, for use with aircraft built or building on June 30, 1921, $49,250; for maintenance, repair, and operation of aircraft factory, helium plant, air stations, fleet activities, testing Helium plant, etc. laboratories, and for overhauling of planes, $4,534,181; for continuing experiments and development work on all types of aircraft, $1,615,000; for drafting, clerical, inspection, and messenger service for aircraft stations, $275,000; new construction, buildings, and ings, etc. improvements at air stations at a total cost not to exceed $1,177,000, as follows: Coco Solo, $392,000; Hampton Roads, $70,000; Lakehurst, $280,000; Pearl Harbor, $185,000; Pensacola, $100,000; San Accounting and disDiego, $150,000; in all, $13,413,431, and the money herein specifically appropriated for "Aviation" shall be disbursed and accounted for in accordance with existing laws as "Aviation" and for that purpose Provisos. shall constitute one fund: Provided further, That the Secretary of the Navy is hereby authorized to consider, ascertain, adjust, determine, and pay out of this appropriation the amounts due on claims for damages which have occurred or may occur to private property growing out of the operations of naval aircraft, where such claim does not exceed the sum of $250: Provided further, That all claims claims."

bursement.

Damages from aircraft.

Report of adjusted

ited to six.

adjusted under this authority during any fiscal year shall be reported in detail to the Congress by the Secretary of the Navy: Provided, Shore stations lim- That no part of this appropriation shall be expended for maintenance of more than six heavier-than-air stations on the coasts of the Airplane factory for continental United States: Provided further, That no part of this appropriation shall be used for the construction of a factory for the manufacture of airplanes.

bidden.

State marine schools. to designated States.

Reimbursement for,

Vol. 36, p. 1353.

Lepers, etc.

Care, etc., at Culion, P. I.

Bureau of Navigation.

Transportation, etc.

STATE MARINE SCHOOLS: To reimburse the State of New York, $25,000, the State of Massachusetts, $25,000, the State of Washington, $25,000, and the State of Pennsylvania, for the period from April 1, 1920, to June 30, 1921, $31,250, for expenses incurred in the maintenance and support of marine schools in those States in accordance with section 2 of the Act entitled "An Act for the establishment of marine schools, and for other purposes," approved March 4, 1911; in all, $106,250.

CARE OF LEPERS, ETC., ISLAND OF GUAM: Naval station, island of Guam: Maintenance and care of lepers, special patients, and for other purposes, including cost of transfer of lepers from Guam to the island of Culion, in the Philippines, and their maintenance, $20,000.

BUREAU OF NAVIGATION.

Transportation and recruiting: For travel allowance of enlisted men discharged on account of expiration of enlistment; transportation of enlisted men and apprentice seamen and applicants for enlistment at home and abroad, with subsistence and transfers en route, or cash in lieu thereof; transportation to their homes, if residents of the United States, of enlisted men and apprentice seamen discharged on medical survey, with subsistence and transfers en route, or cash in lieu thereof; transportation of sick or insane enlisted men and apprentice seamen to hospitals, with subsistence and transfers en route, or cash in lieu thereof; transportation of enlisted men of the Naval Reserve Force to and from duty, with subsistence and transfers en route, or cash in lieu thereof; transportation of civilian officers and crews of naval auxiliaries; apprehension and delivery of deserters and stragglers, and for railway guides and other expenses incident to transportation; expenses of recruiting for the naval service; rent of rendezvous and expenses of maintaining the same; advertising for and obtaining men and apprentice seamen; actual and necessary expenses in lieu of mileage to officers on duty with traveling recruiting parties; transportation of dependents of enlisted men, Naval service in $3,500,000.

Naval Reserve Force, etc.

Recruiting.

Dependents of enlisted men.

World War.

Statements to States,

therefrom.

The Bureau of Navigation, Navy Department, is hereby directed etc., of, by persons to furnish to the proper officers in the several States, Territories, insular possessions, and the District of Columbia, on or before October 31, 1921, statements of the services of all persons from those several places who served in the Navy during the War with Germany, and for that purpose exclusively an additional sum not to exceed $25,000 is hereby appropriated for obtaining the necessary material

Recreation, enlisted and the employment of the necessary clerical force.

men.

Proviso.

Pay restriction.

Contingent.

RECREATION FOR ENLISTED MEN: For the recreation, amusement, comfort, contentment, and health of the Navy, to be expended in the discretion of the Secretary of the Navy, under such regulations as he may prescribe: Provided, That not more than two persons shall be employed hereunder at a rate of compensation exceeding $1,800 per annum, $800,000.

Contingent: Ferriage, continuous-service certificates, discharges, good-conduct badges, and medals for men and boys; purchase of gymnastic apparatus; transportation of effects of deceased officers and enlisted men of the Navy, and of officers and enrolled men of the Naval Reserve Force who die while on duty; books for training

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