Forfeiture

"Any land in respect of which any of the foregoing pro- violations. visions shall be violated shall forthwith be forfeited and resume the status of public land and may be recovered by the Territory or its successors in an action of ejectment or other appropriate proceeding. And noncompliance with the terms of any such certificate, lease, or agreement, or of the law applicable thereto, shall entitle the commissioner, with the approval of the governor before patent has been issued, with or without legal process, notice, demand, or previous entry, to retake possession and thereby determine the estate: Provided, That the times limited for compliance with any such terms may time. be extended by the commissioner, with such approval, upon its appearing that an effort has been made in good faith to comply therewith.

Proviso.
Extension

"The persons entitled to take under any such certifi- Proceedings to cate, lease, or agreement shall be determined by drawing or lot, after public notice as hereinafter provided; and any lot not taken, or taken and forfeited, or any lot or part thereof surrendered with the consent of the commissioner, which is hereby authorized, may be disposed of upon application at not less than the advertised price by any such certificate, lease, or agreement without further notice. The notice of any sale, drawing, or allotment of public land shall be by publication for a period of not less than sixty days in one or more newspapers of general circulation published in the Territory.

Preference to

"The commissioner, with the approval of the governor, present residents may give to any citizen of the United States or to any person who has legally declared his intention to become a citizen, and who shall hereafter become such, which said person has, or who and whose predecessors in interest have, improved any parcel of public lands and resided thereon continuously since April thirtieth, nineteen hundred, a preference right to purchase so much of such parcel and such adjoining land as may reasonably be required for a home, at a fair price, to be determined by three disinterested citizens appointed by the governor, in the determination of which price the value of improvement shall, when deemed just and reasonable, be disregarded: Provided, however, That this privilege shall not extend to any original lessee or to an assignee of an entire cluded. lease of public lands.

Proviso.
Lessees ex-

Patents to

"The commissioner may also, with such approval, ligous organiza issue, for a nominal consideration, to any church or tions. religious organization, or person or persons or corporation representing it, a patent for any parcel of public land occupied continuously for not less than five years heretofore and still occupied by it as a church site under the laws of Hawaii.

Limit of area or value.

"No sale of lands for other than homestead purposes, Limit except as herein provided, and no exchange by which the Territory shall convey lands exceeding either forty acres

cultural, pastoral,

Approval board.

Provisos. Sale of dence lots.

of

resi

Lands for pub

in area or five thousand dollars in value shall be made. Leases of agri- No lease of agricultural lands exceeding forty acres in or waste lands. area, or of pastoral or waste lands exceeding two hundred acres in area, shall be made without the approval of twothirds of the board of public lands which is hereby constituted, the members of which are to be appointed by the governor as provided in section eighty of this Act, and until the legislature shall otherwise provide said board shall consist of six members and its members be appointed for terms of four years: Provided, however, That the commissioner may, with the approval of said lic utilities, etc. board, sell for residence purposes lots and tracts, not exceeding three acres in area, and that sales of government lands may be made upon the approval of said board whenever necessary to locate thereon railroad rights of way, railroad tracks, side tracks, depot grounds, pipe lines, irrigation ditches, pumping stations, reservoirs, factories and mills and appurtenances thereto, including houses for employees, mercantile establishments, hotels, churches, and private schools, and all such sales shall be limited to the amount actually necessary for the economical conduct of such business or undertaking: Provided further, Approval by That no exchange of government lands shall hereafter be made without the approval of two-thirds of the members of said board, and no such exchange shall be made except to acquire lands directly for public uses.

board.

Agricultural

lands.

"Whenever twenty-five or more persons, having the Opening to qualifications of homesteaders, who have not theretofore homestead entry made application under this Act shall make written application to the commissioner of public lands for the opening of agricultural lands for settlement in any locality or district, it shall be the duty of said commissioner to proceed expeditiously to survey and open for entry agricultural lands, whether unoccupied or under lease with the right of withdrawal, sufficient in area to provide homesteads for all such persons, together with all persons of like qualifications who shall have filed with such commissioner prior to the survey of such lands written applications for homesteads in the district designated in said applications. The lands to be so opened for settlement by said commissioner shall be either the specific tract or tracts applied for or other suitable and available agricultural lands in the same geographical district and, as far as possible, in the immediate locality of and as nearly equal to that applied for as may be available: Provided, however, That no leased land, under cultivation, shall be taken for homesteading until any crops growing thereon shall have been harvested.

Proviso.

Crops on leased lands.

"It shall be the duty of the commissioner of public lands to cause to be surveyed and opened for homestead entry a reasonable amount of desirable agricultural lands and also of pastoral lands in various parts of the Territory for homestead purposes on or before January first, nineteen hundred and eleven, and he shall annually

thereafter cause to be surveyed for homestead purposes such amount of agricultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualifications of homesteaders; and in laying out any homestead the Commissioner of Public Lands shall include therein an amount, not exceeding eighty acres in area, sufficient to support thereon an ordinary family; and all necessary expenses for surveying and opening any such lands for homestead shall be paid for out of any funds of the territorial treasury derived from the sale or lease of the public lands, which funds are hereby made available for such purposes.

Area.
Expenses.

and

pastoral

Nothing herein contained shall be construed to pre- Agricultural vent said commissioner from surveying and opening for lands. homestead purposes and as a single homestead entry public lands suitable for both agricultural and pastoral purposes, whether such lands be situated in one body or detached tracts, to the end that homesteaders may be provided with both agricultural and pastoral lands wherever there is demand therefor; nor shall the ownership of Rights of resia residence lot or tract, not exceeding three acres in area, hereafter disqualify any citizen from applying for and receiving any form of homestead entry, including a homestead lease.

dence owners.

control, etc.,

changed lands.

"All lands in the possession, use, and control of the to Commoner Territory shall hereafter be managed by the commis- public lands. sioner, except such as shall be set aside for public purposes as hereinafter provided; all sales and other dispositions of such land shall be made by the commissioner or under his direction, for which purpose, if necessary, the land may be transferred to his department from any other department by direction of the governor, and all patents and deeds of such land shall issue from the office of the commissioner, who shall countersign the same and keep a record thereof. Lands conveyed to the Territory Status of exin exchange for other lands that are subject to the land laws of Hawaii, as amended by this Act, shall, except as otherwise provided, have the same status and be subject to such laws as if they had previously been public lands of Hawaii. All orders setting aside lands for forest or other public purposes, or withdrawing the same, shall be forest, etc., pur made by the governor, and lands while so set aside for such purposes may be managed as may be provided by the laws of the Territory. The commissioner is hereby Authority authorized to perform any and all acts, prescribe forms of oaths, and, with the approval of the governor and said board, make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this section and the land laws of Hawaii into full force and effect."

SEC. 6. That section eighty-four of said Act is hereby amended to read as follows:

"SEC. 84. That no person shall sit as a judge or juror in any case in which his relative by affinity or by consan

Reservation for

poses.

commissioner.

o f

Disqualifica

tions of judge or juror.

Grounds for,

extended.

guinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge or juror has, either directly or through such relative, any pecuniary interest; nor shall any person sit as a judge in any case in which he has been of counsel or on an appeal from any decision or judgment rendered by Additional him, and the legislature of the Territory may add other causes of disqualification to those herein enumerated."

causes..

Public property.

Transferred to

Territory.

stored property.

SEC. 7. That section ninety-one of said Act is hereby amended to read as follows:

"SEC. 91. That, except as otherwise provided, the public property ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, and cared for by it, at its own expense, until otherwise provided for by Congress, or taken for the uses and purposes of the United States by direction of the President or of the govStatus of re- ernor of Hawaii. And any such public property so taken for the uses and purposes of the United States may be restored to its previous status by direction of the PresiTitle to prop dent; and the title to any such public property in the possession and use of the Territory for the purposes of water, sewer, electric, and other public works, penal, charitable, scientific, and educational institutions, cemeteries, hospitals, parks, highways, wharves, landings, harbor improvements, public buildings, or other public purposes, or required for any such purposes, may be transferred to the Territory by direction of the President, Transfers to po- and the title to any property so transferred to the Territory may thereafter be transferred to any city, county, or other political subdivision thereof by direction of the governor when thereunto authorized by the legislature. SEC. 8. That section ninety-two of said Act is hereby amended to read as follows:

erty for public

uses.

litical subdivi

sions.

Officers.
Pay increased.

"SEC. 92. That the following officers shall receive the following annual salaries to be paid by the United States: The governor, seven thousand dollars; the secretary of the Territory, four thousand dollars; the chief justice of the supreme court of the Territory, six thousand dollars; the associate justices of the supreme court, five thousand five hundred dollars each; the judges of the circuit courts, four thousand dollars each; the United States district attorney, four thousand dollars, the United States marshal, three thousand dollars. And the governor shall receive annually, in addition to his salary, the sum of five hundred dollars for stationery, postage, and incidentals; also his traveling expenses while absent from the capital on official business, and the sum of two thousand dollars annually for his private secretary."

SEC. 9. That section one hundred of said Act is hereby Naturaliza amended by adding thereto the following:

Status of records, certificates,

"All records relating to naturalization, all declarations 29, 1906. of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the taking effect of the naturalization Act of June twenty-ninth, nineteen hundred and six, in or from any circuit court of the Territory of Hawaii, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized."

CHAP. 297.—An Act Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes.

June 17, 1910. [H. R. 22643.] [Public, No. 213.] 36 Stat. L., pt. 1, p. 468.

Legislative, ex

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, ap- ecutive, and judipropriated, out of any money in the Treasury not other- cial expenses apwise appropriated, in full compensation for the service of propriations. the fiscal year ending June thirtieth, nineteen hundred and eleven, for the objects hereinafter expressed, namely:

(Pay of Delegate from Hawaii and clerk hire. See p.

398.)

TERRITORY OF HAWAII: Governor, five thousand dol- Hawaii. lars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; two associate justices, at five thousand dollars each; in all, twenty-three thousand five hundred dollars.

For judges of circuit courts, at three thousand dollars each, so much as may be necessary, for the fiscal year ending June thirtieth, nineteen hundred and eleven.

For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, one thousand dollars, and for private secretary to the governor, two thousand dollars; for traveling expenses of the governor while absent from the capital on official business, five hundred dollars; in all, three thousand five hundred dollars.