Idiots, convicts, as voters. SEC. 18. No idiot or insane person, and no person who shall be etc., disqualified expelled from the legislature for giving or receiving bribes or being accessory thereto, and no person who, in due course of law, shall have been convicted of any criminal offense punishable by imprisonment, whether with or without hard labor, for a term exceeding one year, whether with or without fine, shall register to vote or shall vote or hold any office in, or under, or by authority of, the government, unless the person so convicted shall have been pardoned and restored to his civil rights. Punishment of bers. OATH OF OFFICE. SEC. 19. That every member of the legislature, and all officers of the government of the Territory of Hawaii, shall take the following oath or affirmation: I solemnly swear (or affirm), in the presence of Almighty God, that I will faithfully support the Constitution and laws of the United States, and conscientiously and impartially discharge my duties as a member of the legislature, or as an officer of the government of the Territory of Hawaii (as the case may be). OFFICERS AND RULES. SEC. 20. That the senate and house of representatives shall each choose its own officers, determine the rules of its own proceedings, not inconsistent with this Act, and keep a journal. AYES AND NOES. SEC. 21. That the ayes and noes of the members on any question shall, at the desire of one-fifth of the members present, be entered on the journal. QUORUM. SEC. 22. That a majority of the number of members to which each house is entitled shall constitute a quorum of such house for the conduct of ordinary business, of which quorum a majority vote shall suffice; but the final passage of a law in each house shall require the vote of a majority of all the members to which such house is entitled. SEC. 23. That a smaller number than a quorum may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may provide. SEC. 24. That, for the purpose of ascertaining whether there is a quorum present, the chairman shall count the number of members present. PUNISHMENT OF PERSONS NOT MEMBERS. SEC. 25. That each house may punish by fine, or by imprisonment persons not mem- not exceeding thirty days, any person not a member of either house who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior in its presence or that of any committee thereof; offenses speci- or who shall, on account of the exercise of any legislative function, threaten harm to the body or estate of any of the members of such house; or who shall assault, arrest, or detain any witness or other person ordered to attend such house, on his way going to or returning therefrom; or who shall rescue any person arrested by order of such house. fied. Accused to be But the person charged with the offense shall be informed, in writing, heard in his own of the charge made against him, and have an opportunity to present evidence and be heard in his own defense. defense. COMPENSATION OF MEMBERS. SEC. 26. That the members of the legislature shall receive for their services, in addition to mileage at the rate of ten cents a mile each way, the sum of four hundred dollars for each regular session of the legislature, payable in three equal installments on and after the first, thirtieth, and fiftieth days of the session, and the sum of two hundred dollars for each extra session of the legislature. PUNISHMENT OF MEMBERS. Compensation of members. Punishment of SEC. 27. That each house may punish its own members for disorderly behavior or neglect of duty, by censure, or by a two-thirds vote suspend members. or expel a member. EXEMPTION FROM LIABILITY. SEC. 28. That no member of the legislature shall be held to answer Members exbefore any other tribunal for any words uttered in the exercise of his empt from liability. legislative functions in either house. EXEMPTION FROM ARREST. SEC. 29. That the members of the legislature shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the respective houses, and in going to and returning from the same: Provided, That such privilege as to going and returning shall not cover a period of over ten days each way. THE SENATE. NUMBER OF MEMBERS. SEC. 30. That the Senate shall be composed of fifteen members, who shall hold office for four years: -from arrest. -limitation. Senate. Number of mem bers. Term of service. Division into Provided, however, That of the senators elected at the first general election, two from the first district, one from the second, three from classes. the third, and one from the fourth district shall hold office for two years only, the details of such apportionment to be provided for by the legislature. VACANCIES. SEC. 31. That vacancies caused by death, resignation, or otherwise shall be filled for the unexpired term at general or special elections. SENATORIAL DISTRICTS. Vacancies. Senatorial dis SEC. 32. That for the purpose of representation in the senate, until otherwise provided by law, the Territory is divided into the following tricts. senatorial districts, namely: First district: The island of Hawaii. Second district: The islands of Maui, Molokai, Lanai, and Kahoo lawe. Third district: The island of Oahu. Fourth district: The islands of Kauai and Niihau. SEC. 33. That the electors in the said districts shall be entitled to Apportionment. elect senators as follows: In the first district, four; In the second district, three; In the third district, six; In the fourth district, two. Qualifications of senators. House of repre sentatives. Number of rep QUALIFICATIONS OF SENATORS. SEC. 34. That in order to be eligible to election as a senator a person shall Be a male citizen of the United States; Have resided in the Hawaiian Islands not less than three years and be qualified to vote for senators in the district from which he is elected. THE HOUSE OF REPRESENTATIVES. NUMBER OF REPRESENTATIVES. SEC. 35. That the house of representatives shall be composed of resentatives, etc. thirty members, elected, except as herein provided, every second year. Term of office. TERM OF OFFICE. SEC. 36. That the term of office of the representatives elected at any general or special election shall be until the next general election held thereafter. VACANCIES. Vacancies. Representative districts. Apportionment. Qualifications of representatives. SEC. 37. That vacancies in the office of representative caused by death, resignation, or otherwise shall be filled for the unexpired term at special elections. REPRESENTATIVE DISTRICTS. SEC. 38. That for the purpose of representation in the house of representatives, until otherwise provided by law, the Territory is divided into the following representative districts, namely: First district: That portion of the island of Hawaii known as Puna, Hilo, and Hamakua. Second district: That portion of the island of Hawaii known as Kau, Kona, and Kohala. Third district: The islands of Maui, Molokai, Lanai, and Kahoolawe. Fourth district: That portion of the island of Oahu lying east and south of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pali to Mokapu Point. Fifth district: That portion of the island of Oahu lying west and north of the fourth district. Sixth district: The islands of Kauai and Niihau. APPORTIONMENT. SEC. 39. That the electors in the said districts shall be entitled to elect representatives as follows: In the first district, four; In the second district, four; In the third district, six; In the fourth district, six; In the sixth district, four. QUALIFICATIONS OF REPRESENTATIVES. SEC. 40. That in order to be eligible to be a member of the house of representatives a person shall, at the time of electionHave attained the age of twenty-five years; Be a male citizen of the United States; Have resided in the Hawaiian Islands not less than three years; And shall be qualified to vote for representatives in the district from which he is elected. LEGISLATION. SESSIONS OF THE LEGISLATURE. SEC. 41. That the first regular session of the legislature shall be held on the third Wednesday in February, nineteen hundred and and biennially thereafter, in Honolulu. SEC. 42. That neither house shall adjourn during any session for more than three days, or sine die, without the consent of the other. SEC. 43. That each session of the legislature shall continue not longer than sixty days, excluding Sundays and holidays: Provided, however, That the governor may extend such session for not more than thirty days. Legislation. Sessions of the legislature. -duration of. -extension. Special session. The governor may convene the legislature, or the senate alone, in special session, and, in case the seat of government shall be unsafe from an enemy, riot, or insurrection, or any dangerous disease, direct that any regular or special session shall be held at some other than the than capital. regular meeting place. ENACTING CLAUSE-ENGLISH LANGUAGE. SEC. 44. That the enacting clause of all laws shall be, "Be it enacted by the legislature of the Territory of Hawaii." All legislative proceedings shall be conducted in the English language. Session at other Enacting clause. English lan guage. TITLE OF LAWS. SEC. 45. That each law shall embrace but one subject, which shall be expressed in its title. READING OF BILLS. SEC. 46. That a bill in order to become a law shall, except as herein provided, pass three readings in each house, on separate days, the final passage of which in each house shall be by a majority vote of all the members to which such house is entitled, taken by ayes and noes and entered upon its journal. CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER. SEC. 47. That every bill when passed by the house in which it originated, or in which amendments thereto shall have originated, shall immediately be certified by the presiding officer and clerk and sent to the other house for consideration. SIGNING BILLS. SEC. 48. That, except as herein provided, all bills passed by the legislature shall, in order to be valid, be signed by the governor. VETO OF GOVERNOR. Title of laws. Reading of bills. -final passage. Certification of bills from one house to another. SEC. 49. That every bill which shall have passed the legislature shall be certified by the presiding officers and clerks of both houses, or. and shall thereupon be presented to the governor. If he approves it, he shall sign it, and it shall become a law. If the governor does not Signing bills. Veto of govern -of specific items. Procedure upon receipt of veto. Failure to sign or veto. -to return in ten days. Appropriations made biennially. Post, p. 1163. Use of funds in authorized. approve such bill, he may return it, with his objections, to the legislature. He may veto any specific item or items in any bill which appropriates money for specific purposes; but shall veto other bills, if at all, only as a whole. PROCEDURE UPON RECEIPT OF VETO. SEC. 50. That upon the receipt of a veto message from the governor each house of the legislature shall enter the same at large upon its journal and proceed to reconsider such bill, or part of a bill, and again vote upon it by ayes and noes, which shall be entered upon its journal. If after such reconsideration such bill, or part of a bill, shall be approved by a two-thirds vote of all the members to which each house is entitled, it shall thereby become law. FAILURE TO SIGN OR VETO. SEC. 51. That if the governor neither signs nor vetoes a bill within ten days after it is delivered to him it shall become a law without his signature, unless the legislature adjourns sine die prior to the expiration of such ten days. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to 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 which case it shall not be a law. APPROPRIATIONS. SEC. 52. That appropriations, except as otherwise herein provided, shall be made biennially by the legislature: Provided, however, That pending the time when this Act shall take Hawaiian treasury effect and until a session of the legislature of the Territory of Hawaii shall be held, the President may, in his discretion, authorize and direct the use of such money in the treasury of the Republic of Hawaii as well as of the Territory of Hawaii, as he shall think requisite and proper for carrying on the government of the Territory of Hawaii, the preservation of the public health, the completion of the sewerage system of the city of Honolulu, and such other expenditures as in the President's judgment shall seem to be appropriate. Estimates for ap- SEC. 53. That the governor shall submit to the legislature, at each propriations. regular session, estimates for appropriations for the succeeding biennial period. Failure to ap rent expenses. -extra session. SEC. 54. That in case of failure of the legislature to pass appropripropriate for cur- ation bills providing for payments of the necessary current expenses of carrying on the government and meeting its legal obligations as the same are provided for by the then existing laws, the governor shall, upon the adjournment of the legislature, call it in extra session for the consideration of appropriation bills, and until the legislature shall have acted the treasurer may, with the advice of the governor, make such payments, for which purpose the sums appropriated in the last appropriation bills shall be deemed to have been reappropriated. And all legislative and other appropriations made prior to the date when this Act shall take effect, shall be available to the government of the Territory of Hawaii. Legislative pow er. -scope of. LEGISLATIVE POWER. SEC. 55. That the legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States locally applicable. The legislature, |