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pressed in this committee's report on said Senate Bill No. 29, dated March 11, last, and recommends the tabling of both Bills.

Respectfully submitted,





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

Senator Dowsett for the Ways and Means Committee reported verbally on Senate Bill No. 31 and House Bill No. 74 that both Bills covered the subject of Current Appropriations, and recommended that the Bills be returned to the Senate and taken up in Committee of the Whole.

The Report was ordered accepted.

Senator Dowsett moved that the Bills be referred back to the Senate and taken up for consideration in Committee of the Whole. Seconded by Senator Knudsen and carried.

At 1:35 o'clock, upon motion of Senator Knudsen, seconded by Senator Dowsett, the Senate resolved itself into Committee of the Whole for the consideration of House Bill No. 74 entitled "An Act Making Appropriations for the Departmental Use of the Territory," Senator Knudsen in the Chair.

At 3:53 o'clock the Senate came to order, Senator Knudsen for the Committee of the Whole reporting progress and asking leave to sit again.

Upon motion of Senator Coelho, seconded by Senator Lane, the Report of the Committee was adopted.

Under suspension of the Rules, Senator Lane for the Printing Committee reported Senate Bills Nos. 88 and 89 printed and ready for distribution.

The Report was ordered accepted.

Second Reading of Senate Bill No. 88 entitled "An Act to Amend Chapter 28 of the Revised Laws of Hawaii, by adding te said Chapter a section to be known as Section 390H." Referred to the Committee on Public Lands.

Second Reading of Senate Bill No. 89 entitled "An Act to Prevent the Giving of Dated or Undated Resignations by Officials and Employees of the Territory to Heads of Territorial Departments and other Officials and to provide Penalties for so doing."

Referred to the Judiciary Committee.

Under suspension of the Rules, Senator Smith presented the Report (No. 118) of the Judiciary Committee on House Bill No. 102 as follows:

Honorable E. F. Bishop,

President of the Senate.

Sir: The Judiciary Committee report further consideration of House Bill No. 102, entitled "An Act Relating to Juries, amending Sections 1779, 1780, 1782 and 1782A of the Revised Laws as amended by Act 74 of the Laws of 1905," and recommend that in addition to the amendment heretofore recommended a further amendment be made by striking out the words "The first paragraph of" in line 1, Section 1 of the Bill, so that said paragraph as amended shall read:

"Section 1. Section 1779 of the Revised Laws as amended by Section 4 of Act 74 of the Laws of 1905 is hereby amended so as to read as follows:"

Respectfully submitted,





Honolulu, April 2, 1907.

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

Senator Hayselden presented the Report (No. 119) of the Committee on Public Lands on Senate Petition No. 23 as follows:

Hon. E. Faxon Bishop,


President of the Senate.

Territory of Hawaii.

Your Committee on Public Lands has investigated the matter presented by Petition Number 23, introduced by Senator John T. Brown on behalf of Levi C. Lyman, and recommend the making of an appropriation of the sum of Four Hundred Eighty-nine and 22-100 Dollars ($489.22) for Mr. Lyman's relief.

The case is one where Mr. Lyman became the holder of two freehold agreements covering homestead lots in Ponahawai, District of Hilo, and thereafter performed all conditions required

of him, including full payment of the purchase prices at which the lots were appraised, excepting only that he did not fulfil the condition of residence as required by law in such cases, which failure, in this last respect, was not fairly his own fault, he having accepted and reasonably acted upon the information given to him by the then Land Commissioners, that inasmuch as he already then held one lot (this being neither of the two lots here involved) and as those two lots, added to the first, did not exceed 100 acres in all of agricultural land, he might take them up, as additional holdings, without actually fulfilling the residence condition. Under the land laws as they stand, this default cannot be remedied by Mr. Lyman and he must submit to a cancellation of his freehold agreements.

Upon the hearing before your Committee, the truth of the facts and the justice of petitioner's claim were conceded by present Land Commissioner James W. Pratt and by Mr. Geo. H. Williams, present Sub-Land Agent of the First District, Mr. Pratt recommending that the petitioner be reimbursed his payments of the purchase prices with interest.

It is pertinent to add that when Mr. Lyman made these payments they were improperly turned over to the Government instead of having been held on special deposit by the Department of Public Lands pending final disposition of the freehold agreements in question, this having been done by the then Land Commissioners. The Department, under its present administration, is therefore without funds to return the payments made, and an appropriation by the Legislature is necessary to meet this special case.

The $489.22 hereinabove recommended to be appropriated is computed as follows:

1. Amount of purchase price paid for Lot No. 21, as

per Map No. 3, under Freehold Agreement No. 3...... $136.50 2. Amount of purchase price paid for Lot No. 17, as per Map No. 3, under Freehold Agreement No. 2...... 188.30 3. Interest on total of $324.80 from date of payment of final instalments, July 12, 1899, at legal rates (being at 6% to April 24, 1905, 112.56, and at 8% thereafter to date, $51.96)..




Mr. Lyman is also justly entitled to have returned to him, upon cancellation of these agreements, the fair value of the

improvements he has made upon these lots. Your Committee here refers to the fact that House Bill No. 117, entitled "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" has reached the Governor, and if signed will become a law, in which case it will give Mr. Lyman this further relief. Should it fail to become a law, your Committee here further recommends that the Commissioner of Public Lands be requested to have an immediate appraisement made of the value of the improvements upon these lots, and thereupon that the amount of the same be added to the sum already above recommended to be appropriated.

Occasion is here taken to mention the fact that in its investigation herein your Committee has been very favorably impressed by the fair attitude of the present Commissioner of Public Lands with respect to these matters, and his advocacy of House Bill No. 117 referred to.

Respectfully submitted,





Committee on Public Lands.

April 2nd, 1907.

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

A Communication (No. 29) from the Secretary of Hawaii, informing the Senate that the Governor had signed Act 41, was read by the Clerk as follows:


Honolulu, T. H., April 2nd, 1907.

Hon. E. Faxon Bishop,

President of the Senate of the

Legislature of Hawaii.

Sir:-It affords me pleasure to notify your Honorable Body that the Governor has this day signed the following Bill:

Senate Bill No. 56, Act 41, An Act Providing for Refunding Bonded Indebtedness of the Territory of Hawaii.

I have the honor to be, Sir,

Your obedient servant,


Secretary of Hawaii.

The Communication was ordered received and placed on file. At 4 o'clock, upon motion of Senator Dowsett, seconded by Senator Coelho, the Senate adjourned.


Clerk of the Senate.

Approved by the Senate:


President of the Senate.


Wednesday, April 3rd, 1907.

The Senate met, pursuant to adjournment, at 9:30 o'clock. After prayer by the Chaplain, the Roll was called showing Senator Chillingworth absent.

The Journal of the Thirty-fifth Day was read and, upon motion of Senator Coelho, seconded by Senator Lane, approved as read.

A Communication (No. 147) from the House of Representatives, transmitting House Joint Resolution No. 3, was read by the Clerk as follows:

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