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THIRTY-FIRST DAY.

Thursday, March 28th, 1907.

The Senate met, pursuant to adjournment, at 10 o'clock, the Vice-President in the Chair.

After prayer by the Rev. W. N. Lono, the Roll was called showing Senator Bishop (sick) absent.

The Journal of the Thirtieth Day was read and, upon motion G Senator Hayselden, seconded by Senator Hewitt, approve 1 as read.

A Communication (No. 24) from the Governor of Hawaii, informing the Senate that he had signed Joint Resolution No. i and Act 35, was read by the Clerk as follows:

EXECUTIVE CHAMBER,

Honolulu, Hawaii, March 27th, 1907.

Honorable Samuel E. Kalama,

Vice-President of the Senate,

Legislature of Hawaii.

Sir: I have the honor to notify your Honorable Body that I have this day signed the following Joint Resolution and Bill:

Joint Resolution No. 1, Authorizing the Governor of the Territory to Appoint a Commission to Thoroughly Examine and Investigate the Tax Laws of the Territory.

House Bill No. 72, Act 35, An Act to Amend Section 213 of the Revised Laws of Hawaii.

Very sincerely yours,

G. R. CARTER,

Governor.

The Communication was ordered received and placed on file.

A Communication (No. 125) from the House of Representatives, transmitting House Joint Resolution No. 2, was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES.

Honolulu, T. H., March 27, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to transmit herewith House Joint Resolution No. 2, which this day passed Third Reading in the House of Representatives of the Territory of Hawaii.

Respectfully,

JOHN H. WISE,

Clerk, House of Representatives..

JOINT RESOLUTION.

BE IT RESOLVED by the Senate and the House of Representatives of the Territory of Hawaii:

That a Commission consisting of two members of the Senate, to be appointed by the President of the Senate, and three members of the House, to be appointed by the Speaker of the House, be and it hereby is authorized, empowered and directed to examine into the ownership, condition and management of all wharves and landings in the Territory, and to report to the next Legislature the facts as found, together with such recommendations as to the commission shall seem advisable to effect proper government control thereof.

The Communication was ordered received and placed on file. Senator Hayselden moved that House Joint Resolution No. 2 pass First Reading. Seconded by Senator Lane and carried.

A Communication (No. 126) from the House of Representatives, informing the Senate that it had sustained the Veto of the Governor on Senate Bill No. 52, was read by the Clerk, as follcws:

THE HOUSE OF REPRESENTATIVES.

Honolulu, T. H., March 27th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to inform your Honorable Body that the veto of the Governor on Senate Bill No 52 was this day sastained in the House of Representatives of the Territory of Hawaii.

Respectfully,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. A Communication (No. 127) from the House of Representatives, notifying the Senate of the passage of Senate Bill No. 27, notwithstanding the Veto of the Governor, was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES.

Honolulu, T. H., March 27th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii,

I have the honor to inform your Honorable Body that Senate Bill No. 27, upon a consideration of the veto of the Governor on the same, this day passed in the House of Representatives of the Territory of Hawaii, notwithstanding the Governor's veto.

Respectfully,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. A Communication (No. 128) from the House of Representatives, not ifying the Senate of the passage of Senate Bill No. 6, notwithstanding the Vetc. of the Governor, was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES.

Honolulu, T. H., March 27th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to inform your Honorable Body that Senate Bill No. 6, upon a consideration of the veto of the Governor on the same, this day passed in the House of Representatives of the Territory of Hawaii, notwithstanding the Governor's veto.

Respectfully,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. Senator Hayselden presented the Report (No. 102) of the Public Lands Committee on House Bill No. 117 as follows:

Honolulu, T. H., March 28, 1907.

Hon. E. F. Bishop,

President of the Senate,

Territory of Hawaii.

Sir: Your Public Lands Committee have had under consideration, House Bill No. 117, being "An Act to Provide for the Disposition of Moneys received by the Government on Account of Sales of Improvements placed upon Public Lands by Settlers or Homesteaders."

Under the present law, no provision is made whereby the retiring occupant of Government lands held under any of the various terms of agreement and surrendered to the government may be reimbursed for the amount of the cost of improvements upon the land.

This Bill provides a means by which when the lands are again sold the Commissioner may set apart from the proceeds a sum equal to the amount of the appraised value of the improvements put upon the land surrendered and again sold, said sums to be payable to the retiring occupant.

It seems to your Committee that a person improving lands at his own expense, should, upon the cancellation of his lease

of agreement, be entitled to the cost of all improvements, and this is the object of the Bill.

We therefore recommend its passage.

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Senator Smith moved that the Report of the Committee be received and laid on the table to be considered with the Bill. Seconded by Senator Lane and carried.

Senator Makekau presented the Report (No. 103) of the Miscellaneous Committee on Senate Bill No. 79 as follows:

Honorable E. F. Bishop,

President of the Senate.

Sir: Your Miscellaneous Committee to whom was referred Senate Bill No. 79 being "An Act relating to Trusts, begs to report as follows:

The principal object of the Bill is to protect the poor classes from being imposed by those who would combine together with capital, skill or otherwise.

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Similar laws are passed in many states in the Union. similar law was passed in the State of Ohio in 1898; and a test case was entered in courts in said State; after a stubborn fight, the law was sustained.

There is no law in the Territory giving the local courts the power to try cases relating to trusts. In the last Legislature of the State of California, a similar law was introduced by Senator Cartwright of Fresno County, California, in the State Legislature.

In case this Bill would be passed, it will give jurisdiction to our local courts on such cases.

In adultery cases, we find out that our local courts have jurisdiction in such cases, and at the same time the Federal court has jurisdiction to try the same.

Therefore, we fail to find out any reason why this Bill should not be passed.

And we further believe, if a law of this kind is good in the State of Ohio and other States, such law must be good in the Territory of Hawaii.

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