To this end the high contracting parties have conferred full power and authority upon their respectively appointed plenipotentiaries, to

wit:

The President of the United States, John Sherman, Secretary of State of the United States.

The President of the Republic of Hawaii, Francis March Hatch, Lorrin A. Thurston, and William A. Kinney.

ARTICLE I.

The Republic of Hawaii hereby cedes absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it is agreed that all territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii.

ARTICLE II.

The Republic of Hawaii also cedes and hereby transfers to the United States the absolute free and ownership of all public, Government, or Crown lands, public buildings, or edifices, ports, harbors, military equipments, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.

The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands, but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenues from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

ARTICLE III.

Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised by the officers of the existing Government in said islands shall be vested in such person or persons, and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations. shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this treaty nor contrary to the Constitution of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

ARTICLE IV.

The public debt of the Republic of Hawaii lawfully existing at the date of the exchange of the ratifications of the treaty, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States, but the lia bility of the United States in this regard shall in no case exceed $4,000,000. So long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued as herein before provided, said Government shall continue to pay the interest on said debt.

ARTICLE V.

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States, and no Chinese by reason of anything herein contained shall be allowed to enter the United States from the Hawaiian Islands.

ARTICLE VI.

The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonable and practicable, recommend to Congress such legislation for the Territory of Hawaii as they shall deem necessary or proper.

ARTICLE VII.

This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part, and by the President of the Republic of Hawaii, by and with the advice and consent of the senate in accordance with the constitution of said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.

In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals

Done in duplicate at the city of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.

EXHIBIT 2.

DIGEST OF THE LAND ACT, 1895, OF THE TERRITORY OF HAWAII,

1- continued in force by an act entitled "An act to provide a government for the Territory of Hawaii," passed by the Fifty-sixth Congress of the United States of America on the 27th day of April and approved on the 30th day of April A. D. 1900.

[This is as the Hawaiian officials see it after passage of organic act, April 14, 1900.]

(With reference to unoccupied lands.)

The land act of 1895 as aforesaid, having for its special object the ettlement and cultivation of the Government agricultural and pastoral land, vested the control and management of public lands in a commissioner; but excepting from the control of the commissioner town lots, landings, tracts reserved for public purposes, etc., which remain under the control of the superintendent of public works.

For the purposes of the act the Territory of Hawaii is divided into six land districts, as follows:

1st. Hilo and Puna on the island of Hawaii.

2nd. Hamakua and Kohala on the island of Hawaii.

3rd. Kona and Kau on the island of Hawaii.

4th. The islands of Maui, Molokai, Lanai, and Kahoolawe.

5th. The island of Oahu.

6th. The island of Kauai.

The commissioner is represented by a subagent in each district. Public lands for the purposes of this act are classified as follows: I. Agricultural land.-First class: Land suitable for the cultivation of fruit, coffee, sugar, or other perennial crops, with or without irrigation.

Second class: Land suitable for the cultivation of annual crops only. Third class: Wet lands, such as kalo and rice lands.

II. Pastoral land.-First class: Land not in the description of agricultural land, but capable of carrying live stock the year through Second class: Land capable of carrying live stock only part of the year, or otherwise inferior to first-class pastoral land.

III. Pastoral-agricultural land.-Land adapted in part for pasturage and in part for cultivation.

IV. Forest land.-Land producing forest trees, but unsuitable for cultivation.

V. Waste land.-Land not included in the other classes.

The act provides three principal methods for the acquirement of public lands under systems known as (1) homestead lease, (2) right-ofpurchase lease, (3) cash freehold.

GENERAL QUALIFICATION OF APPLICANTS.

Applicants for land under systems named above must be over eighteen years of age, must be citizens by birth or naturalization or have received a certificate of declaration of intention to become a citizen, be under no civil disability for any offense, nor delinquent in the payment of taxes. Special qualifications are named under the respective systems.

HOMESTEAD LEASE SYSTEM.

The homestead lease system permits the acquirement of public land by qualified persons without other payments than a fee of two dollars upon application and a fee of five dollars upon issuance of homestead

lease.

The limit of area in the different classes of land which may be acquired under homestead lease is: Eight acres first-class agricultural land; 16 acres second-class agricultural land; 1 acre wet (rice or taro) land; 30 acres first-class pastoral land; 60 acres second-class pastoral land, and 45 acres pastoral-agricultural land.

SPECIAL QUALIFICATIONS OF APPLICANTS FOR HOMESTEAD LEASE.

Any person having the general qualifications (as to citizenship, etc.) who is not the owner in his own right of any land in the Territory of Hawaii other than "wet land" (rice, taro, etc.), and who is not an applicant for other land under the act, may apply under this part of the act, and such application may cover one lot of wet land in addition to other land if reasonably near. Husband and wife may not both be applicants.

Applications must be made in person at the office of subagent of the district, accompanied by sworn declaration of qualifications and a fee of $2.

CERTIFICATE OF OCCUPATION.

The successful applicant receives a certificate of occupation, which entitles him to occupy the described premises and to receive a homestead lease for nine hundred and ninety-nine years if conditions of certificate of occupation have been fulfilled, the conditions being:

That the occupier shall, before the end of two years, build a dwelling house and reside on the premises. He shall maintain his home on the premises from and after the end of two years from date of certifi cate. He shall, before the end of six years from date of certificate, have in cultivation not less than 10 per cent of the land, or have in cultivation 5 per cent of the land, and in good growing condition not less than ten timber, shade, or fruit trees per acre on agricultural land, or if pastoral land, fence the same within six years.

He shall pay the taxes assessed upon the premises within sixty days after the same are delinquent.

He shall perform any conditions of the certificates for the planting or protection of trees or prevention or destruction of vegetable pests that may be on the premises.

CONDITIONS OF HOMESTEAD LEASE.

The lessee, or his successors, must maintain his home on the leased premises; must pay the taxes assessed upon the premises within sixty days after the same are delinquent, and perform any conditions of the lease relating to protection or planting of trees or destruction and prevention of vegetable pests.

Lands held under a certificate of occupation or homestead lease are liable to taxation as estates in fee.

In case of the death of an occupier or lessee his interests, notwithstanding any devise or bequest, shall vest in his relations, in the order

prescribed in the act, the widow or widower being first in order, then the children, etc.

Certificates of occupation or homestead lease, or any interest thereunder, is not assignable by way of mortgage, nor is the same subject to attachment, levy or sale on any process issuing from the courts of the country. Neither the whole nor any portion of the premises may be sublet.

Surrender may be made to the government by an occupier or lessee having the whole interest if all conditions to date of surrender have been fulfilled, and the person so surrendering is entitled to receive from the government the value of permanent improvement whenever the same is received by the government from a new tenant.

RIGHT OF PURCHASE LEASES.

Right of purchase leases for the term of twenty-one years may be issued to qualified applicants, with the privilege to the lessee of purchasing at the end of three years and upon fulfillment of special conditions.

QUALIFICATIONS OF APPLICANTS.

Any person who is over eighteen years of age, who is a citizen by birth or naturalization of the United States, or who has received a certificate of declaration of intention to become a citizen, who is under no civil disability for any offense, who is not delinquent in the payment of taxes, and who does not own any agricultural or pastoral land in the Territory of Hawaii, may apply for right of purchase lease, the limit of areas which may be acquired being 100 acres first-class agricultural land, 200 acres second-class agricultural land, 2 acres wet (rice or taro) land, 600 acres first-class pastoral land, 1,200 acres second-class pastoral land, and 400 acres mixed agricultural and pastoral land.

Any qualified person, owning less than the respective amounts stated in foregoing list, and which is not subject to residence condition, may acquire additional land of the classes already held by him but so that his agregate holding shall not be in excess of the limit named; or if desiring additional land of another class, may acquire the same according to ratio established between the various classes.

Husband and wife may not both be applicants for right of purchase leases.

Application must be made in person at the office of subagent of the district, and must be accompanied by a fee equal to six months' rent of premises, fee to be credited on account of rent, if application is successful, and to be returned if application is unsuccessful. In case of more than one application for same lot, the first application takes precedence.

CONDITIONS OF RIGHTS OF PURCHASE LEASE.

Term, twenty-one years.

Rental, eight per cent on the appraised value given in lease, payable semiannually.

The lessee must, from the end of the first to the end of the fifth year, Continuously maintain his home on the leased premises.

The lessee must have in cultivation at the end of three years five