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HEARING

BEFORE THE

4. 6. Congress. Senate. COMMITTEE ON
TERRITORIES AND INSULAR AFFAIRS.

UNITED STATES SENATE

SEVENTY-SECOND CONGRESS

SECOND SESSION

ON

S. 4309, S. 4310, S. 4311, S. 4312, S. 4314

S. 4315 and S. 4375

BILLS RELATIVE TO THE ADMINISTRATION

IN HAWAII

JANUARY 16, 1933

Printed for the use of the Committee on Territories and Insular Affairs

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COMMITTEE ON TERRITORIES AND INSULAR AFFAIRS

HIRAM BINGHAM, Connecticut, Chairman HIRAM W. JOHNSON, California.

KEY PITTMAN, Nevada. ARTHUR R. ROBINSON, Indiana.

EDWIN S. BROUSSARD, Louisiana. GERALD P. NYE, North Dakota.

CARL HAYDEN, Arizona. JESSE H. METCALF, Rhode Island.

MILLARD E. TYDINGS, Maryland. ARTHUR H. VANDENBERG, Michigan. HARRY B. HAWES, Missouri. BRONSON CUTTING, New Mexico.

WILLIAM H. KING, Utah. CHARLES L. McNARY, Oregon.

JOSEPH T. ROBINSON, Arkansas.

HENRY M. BARRY, Clerk
II

ADMINISTRATION IN HAWAII

MONDAY, JANUARY 16, 1933

UNITED STATES SENATE,
COMMITTEE ON TERRITORIES AND INSULAR AFFAIRS,

Washington, D. C. The committee met, pursuant to call of the chairman, at 10.30 o'clock a. m., in the committee room, Capitol Building, Senator Hiram Bingham, of Connecticut (chairman), presiding.

Present: Senators Bingham, of Connecticut (chairman), and Robinson, of Arkansas.

Present also: Hon. Victor S. K. Houston, Delegate in Congress from the Territory of Hawaii.

Present also: Edward C. Finney, solicitor, United States Department of the Interior.

The CHAIRMAN. This hearing has been called to permit the Territory of Hawaii, through its representative in Congress, Delegate ✓ Houston, to present views regarding the various bills introduced at

the last session, which were drafted by the Assistant Attorney General, Mr. Richardson, after his visit to the islands. I have received from Mr. Richardson a letter which will be placed in the hearings following the printing of the different bills.

(The bills referred to, together with memorandum from Seth W. Richardson, Assistant Attorney General of the United States, are as follows:)

(S. 4309, Seventy-second Congress, first session) A BILL To provide for the appointment by the President of the United States of an attorney general in

and for the Territory of Hawaii, and defining the duties of such official Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the attorney general of the Territory of Hawaii shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and shall hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and his salary is hereby fixed at $9,000 per year, to be paid by the United States of America.

SEC. 2. That the said attorney general shall appear for the Territory, personally or by deputy, in all the courts of the Territory, and in all cases or proceedings, civil or criminal, in which the Territory may be a party or be interested; and the said attorney general or his duly appointed deputies shall have complete and exclusive charge of the interests of the said Territory of Hawaii in the said cases or proceedings in the said courts, and no person shall appear in the said cases or proceedings in the Territory, on behalf of the Territory of Hawaii, except with the consent and approval of the said attorney general.

SEC. 3. Said attorney general shall have and possess all of the rights and powers now granted by law to the attorney general of the Territory of Hawaii not inconsistent herewith, together with such further additional rights and powers as may be hereafter granted by the United States or the Territory of Hawaii. The attorney general shall have the authority to appoint such deputies as he shall deem necessary for the proper dispatch of the public business and shall have the authority to dismiss such deputies.

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SEC. 4. The Territory of Hawaii is hereby authorized and directed to make and provide the necessary appropriations for carrying out the provisions of this act, and any and all territorial or county or city and county funds on hand or heretofore appropriated for or in connection with the maintenance or prosecution of cases or proceedings in which the Territory is a party or has an interest in the courts of the Territory, or with respect to the existing salaries of the present attorney general or his deputies, and the various county attorneys or public prosecutors within the Territory, shall be available for the purpose of carrying this act into effect.

SEC. 5. No person shall be appointed to the position of attorney general or other offices mentioned herein who is not a citizen of the United States of America.

Sec. 6. No restrictions now imposed by law with respect to citizenship in or place or length of residence within the Territory of Hawaii of persons eligible to appointment to office in the said Territory shall apply to appointments made pursuant to this act.

SEC. 7. This act shall take effect and be in force sixty days after its approval by the President.

SEC. 8. All acts or parts of acts, either Federal or territorial, in conflict herewith are hereby repealed.

(S. 4310, Seventy-second Congress, first session) A BILL To provide for the appointment by the President of the United States of America of a high sheriff

in and for the Territory of Hawaii and to prescribe his powers and duties Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the high sheriff of the Territory of Hawaii shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and shall hold his office for a term of four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and his salary shall be fixed at $9,000 per annum, to be paid by the United States of America.

SEÇ. 2. The high sheriff shall be the chief of police in and for the Territory of Hawaii and shall have the exclusive supervision and control of all county sheriffs, city and county sheriffs, deputy sheriff, and all Territorial, county, and city and county peace officers, employees, clerks, or members of each and every Territorial, county, and city and county police force in the Territory of Hawaii, with the power to appoint and/or dismiss any such persons and fix salaries therefor.

The high sheriff in the exercise of his duties under this act, shall have control of and authority over all publicly owned property, equipment, police apparatus, and records now possessed by or under the control of any county sheriff, city and county sheriff, police commission, chief of police, or existing public police force.

Sec. 3. The high sheriff shall assume all power, rights, and duties now or hereafter granted by law to the various county sheriffs of the Territory of Hawaii and the city and county sheriff and police commission and chief of police of the city and county of Honolulu, and the term, office, and incumbency of existing county sheriffs of the Territory and the city and county sheriff and the police commission and chief of police of the city and county of Honolulu shall cease and terminate upon the taking effect of this act. Any and all provisions of law relating to the election of county sheriffs and city and county sheriffs are hereby repealed.

Sec. 4. The high sheriff is hereby authorized and empowered to appoint one sheriff in each county and city and county of the Territory of Hawaii, and such appointed sheriffs shall be responsible directly to and under the control of and hold office subject to removal by the high sheriff.

Sec. 5. The said appointed sheriffs, subject to the control of the high sheriff, shall have the supervision and control of the police within their respective jurisdictions and the care and control of the county jails and city and county jails and persons committed thereto and the exercise of other duties and powers now or hereafter granted by the Legislature of the Territory of Hawaii to the various county sheriffs or city and county sheriffs of the said Territory which are not inconsistent or in conflict with the provisions of this act.

Sec. 6. The high sheriff shall possess all the rights and powers now granted by law to the high sheriff of the Territory of Hawaii not inconsistent with the powers granted herein and save and except that the said high sheriff or appointed sheriffs shall not have charge, custody, or control of any Territorial jail, house of correction, or penitentiary, or the care and custody of any of the prisoners confined therein. The term and office of the high sheriff as now existing under Territorial law shall terminate upon the taking effect of this act.

Sec. 7. The high sheriff shall have the power and he is hereby authorized to serve and execute any and all civil and criminal process within the Territory of Hawaii.

SEC. 8. The high sheriff shall appoint and fix the salary for a deputy high sheriff who in the absence of the high sheriff shall exercise the duties of the high sheriff. The high sheriff is authorized to appoint and fix the salaries for such other deputy or deputies high sheriff as he may deem necessary to assist him in the proper administration of his duties under this act.

Sec. 9. It shall be the duty of the high sheriff, upon the taking effect of this act, to proceed at once to organize and administer the police and peace officers within the Territory of Hawaii so as properly to police the said Territory. He shall submit annually to the Secretary of the Interior of the United States of America a detailed report concerning law enforcement and police administration in the Territory of Hawaii, and within two years from the date of the approval of this act shall report to the Congress of the United States concerning police administration in the said Territory, and submit recommendations for such legislation as he may deem desirable in the interest of more uniform, efficient, and effective police administration in the Territory of Hawaii.

Sec. 10. The Legislature of the Territory of Hawaii shall appropriate such sums of money as may be necessary to fulfill the intention of this act and provide for adequate police administration and organization in the Territory of Hawaii, and all Territorial, county, or city and county funds now on hand or now appropriated and available for or applicable to the policing of the said Territory, or any part thereof, shall be available for the purpose of carrying this act into effect.

ŠEC. 11. No person shall be appointed to the position of high sheriff or other offices mentioned herein who is not a citizen of the United States of America.

SEC. 12. No restrictions now imposed by law with respect to citizenship in or place or length of residence within the Territory of Hawaii of persons eligible to appointment to office in the said Territory shall apply to appointments made pursuant to this act.

SEC. 13. Any person employed in the police force of any county, or city and county, of the Territory of Hawaii immediately prior to the taking effect of this act and not continued in employment by the high sheriff, and who would have been entitled to a pension under any Territorial law if dismissed from service immediately prior to the effective date of this act, shall be entitled to receive such pension as he would have been entitled to receive had he been so dismissed.

Sec. 14. This act shall take effect and be in force ninety days after its approval by the President: Provided, That the high sheriff may be appointed at any time after the approval of this act by the President: Provided further, That the high sheriff may make appointments of deputy high sheriffs, county, and city and county sheriffs, deputy sheriffs, police officers, and employees prior to the effective date of this act, which appointments shall take effect upon that date: And provided further, That if no high sheriff has been duly appointed and qualified within ninety days after the approval of this act by the President, this act shall not take effect until thirty days after a high sheriff has been duly appointed and qualified.

Sec. 15. Any and all Federal or Territorial laws or parts thereof inconsistent or in conflict with the provisions hereof are hereby rescinded.

(S. 4311, Seventy-second Congress, first session] A BILL To consolidate the Territorial and Federal courts and administration in the Territory of Hawaii

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby conferred upon the circuit courts of the Territory of Hawaii, each within the Territory as now or hereafter fixed by law, within which it exercises jurisdiction, in addition to the jurisdiction now possessed by the said courts, the jurisdiction now possessed by the District Court of Hawaii.

SEC. 2. Any and all jurisdiction now possessed by the circuit court of appeals for the ninth circuit over or in connection with the District Court of the Territory of Hawaii and the Supreme Court of the Territory of Hawaii is hereby withdrawn and is conferred upon the Supreme Court of the Territory of Hawaii to be exercised over or in connection with the circuit courts of the Territory of Hawaii; and in all matters arising within the Territory of Hawaii under the Constitution or laws of the United States there is hereby granted the same right of review by the Supreme

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