FORTY-EIGHTH DAY.

Wednesday, April 17, 1907.

The Senate met, pursuant to adjournment, at 9:30 o'clock. After prayer by the Chaplain, the Roll was called showing Senators Coelho (excused) and Hewitt absent.

The Journal of the Forty-Seventh Day was read and, upon motion of Senator Kalama, seconded by Senator Lane, approved as read.

Senator Smith presented the Report (No. 178) of the Judiciary Committee on House Bills Nos, 88 and 89 as follows:

Hon. E. F. Bishop,

President of the Senate,

Sir:-The Judiciary Committee reports consideration of House Bill No. 88, entitled "An Act Providing for the Office of County Registrar of Conveyances and Defining the Powers and Duties thereof," also House Bill No. 89, entitled "An Act Establishing Offices for the Registration of Conveyances in various Counties of Hawaii and to Provide for the recording of Instruments therein."

The object of both of these Bills is the same as that of Senate Bills Nos. 24 and 25 heretofore recommended by the Committee to be tabled and which recommendations were followed.

We do not deem it wise or feasible to attempt to establish registration offices in the several Counties at the present time and see no reason for changing our views as expressed in the report on Senate Bills 24 and 25.

We therefore recommend that House Bills 88 and 89 be tabled.

Respectfully submitted,

W. O. SMITH,

Chairman.

A. N. HAYSELDEN,

CHAS. F. CHILLINGWORTH.

Honolulu, April 17, 1907.

Senator Kalama moved that the Report of the Committee be adopted. Seconded by Senator Lane and carried.

Senator Chillingworth for the Special Committee on the Nuuanu Dam reported progress and stated that the Report of Schuyler, the Expert, would probably be presented by the end of the week.

The Report was ordered received.

Senator Hayselden presented the Report (No. 179) of the Committee on Public Lands on Senate Bill No. 103 as follows:

Honolulu, April 17th, 1907.

Honorable E. F. Bishop,

President of the Senate.

Sir: Your Public Lands Committee to which was referred Senate Bill No. 103 entitled "An Act Making Special Appropriations to Pay certain Claims against the Territory of Hawaii,” beg leave to report as follows:

This Bill contains a list of claims handed to the Chairman of your Committee by the Commissioner of Public Lands, and aggregate a total of $3,225.00. These claims represent sums of money paid into the Treasury by homesteaders on various lots taken up by the parties named to which the leases were surrendered to the Government, leaving the lessees to lose the various amounts which they had paid in and for which there is no provision by which they can be reimbursed.

A law passed at this session of the Legislature provides a fund from which the Commissioner may reimburse claims for money paid on account of improvements from now on; but no provision has been made for those entitled to be reimbursed up to the present time. The persons named in this Bill are those who are entitled up to the present time to be reimbursed. These leases have been again sold by the Department and your Committee feel that as a matter of justice and equity, the various parties are entitled to the amount of the improvements on their respective lots.

We therefore recommend that the amounts as asked for be appropriated, and that the Bill pass.

Respectfully submitted,

A. N. HAYSELDEN,

Chairman.

PALMER P. WOODS,

JNO. C. LANE.

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

Senator Hayselden presented the Report (No. 180) of the Committee on Public Lands on House Bill No. 175 as follows:

Honolulu, T. H., April 17, 1907.

Honorable E. F. Bishop,

President of the Senate,

Sir:-Your Public Lands Committee to which was referred House Bill No. 175 entitled "An Act to Amend Section 522 of the Revised Laws of Hawaii, relating to Harbors," beg leave to report as follows:

The present law referred to as Section 522, provides that "No stones or other rubbish shall be thrown from any vessel into the harbor, under a penalty of $100.00, and that the master of any vessel from which stones or rubbish are thrown shall be subject to that fine."

The Bill under consideration includes crude oil, petroleum or other refuse and provides that a penalty not exceeding $100.00 may be assessed against and collected from the vessel or the owner thereof and provides further that the master of any vessel from which stones, crude oil, petroleum, refuse or rubbish are thrown into the harbor shall on conviction thereof also be subject to a like fine.

Your Committee feel that the object of the Bill is a good one in the protection that it affords to the harbors of the Territory, and deem it proper and right that the protection so afforded should be granted.

We therefore recommend the passage of the Bill.

Respectfully submitted,

A. N. HAYSELDEN,

Chairman.

PALMER P. WOODS,
JNO. C. LANE.

Senator Hayselden moved that the Report of the Committee be received and placed on the table to be considered with the Pill. Seconded by Senator Dowsett and carried.

The Senate proceeded with the Order of the Day.

Third Reading of Senate Bill No. 106 entitled "An Act to Provide for the Protection of the Remains of Certain of the Sovereigns and High Chiefs of Hawaii."

Senator Smith moved to amend the enacting clause so as to read "Be it Enacted by the Legislature of the Territory of Hawaii." Seconded by Senator Hewitt and carried.

The Bill passed Third Reading as amended on the following showing of Ayes and Noes:

Ayes: Senators Brown, Chillingworth, Dowsett, Gandall, Hayselden, Hewitt, Lane, McCarthy, Makekau, Smith and Woods-II.

Noes: Senators Kalama, Knudsen and Bishop-3.

Not Present: Senator Coelho-1.

Third Reading of House Bill No. 79 entitled "An Act to Amend Section 1 of Act 64 of the Session Laws of 1905, relating to the Issuance of Certificates of Hawaiian Birth."

The Bill passed Third Reading on the following showing of Ayes and Noes:

Ayes: Senators Chillingworth, Dowsett, Hayselden, Hewitt, Kalama, Lane, McCarthy, Makekau, Smith, Woods and Bishop

-II.

Noes: Senators Brown, Gandall and Knudsen-3.

Not Present: Senator Coelho-1.

Third Reading of House Bill No. 138 entitled "An Act to Establish the Hawaiian Library and to Provide for its Care and Management."

Action on the Bill was ordered deferred until this afternoon at 2 o'clock.

Third Reading of House Bill No. 169 entitled "An Act to Amend Sections 1804 and 1805 of the Revised Laws of Hawaii, relating to Judgmen's, Executions and New Trials."

The Bill passed Third Reading on the following showing of Ayes and Noes:

Ayes: Senators Brown, Chillingworth, Dowsett, Gandall, Hayselden, Hewitt, Knudsen, McCarthy, Makekau, Smith, Woods and Bishop-12.

Noes: Senator Kalama-I.

Not Present: Senators Coelho and Lane-2.

Third Reading of House Bill No. 171 entitled "An Act relating to the Method of Marking Ballots, amending Section 86 of the Revised Laws, as amended by Act 26 of the Laws of 1905." Action on the Bill was ordered deferred until Friday, April 19th, 1907,

Third Reading of House Bill No. 184 entitled "An Act to designate the Pay of Laborers engaged in Constructing or Repairing Roads, Bridges or Streets, Water Works or other Works for the Territory of Hawaii, or for any Political Sub-division thereof."

The Bill passed Third Reading on the following showing of Ayes and Noes:

Ayes: Senators Brown, Chillingworth, Hewit, Kalama, Lane, McCarthy, Makekau, Smith and Woods—9.

Noes: Senators Dowsett, Gandall, Hayselden, Knudsen and Bishop-5.

Not Present: Senator Coelho-1.

Second Reading of Senate Bill No. 61 entitled "An Act to Regulate the Storage of Oils and other Liquid Explosives in the Territory of Hawaii.'

Senator Dowsett moved to strike out the words "Kerosene Oils, Benzole, Petroleum, Naptha, Gasoline or Turpentine" in lines 3 and 4 of Section 1 and insert in lieu thereof the words "Petroleum, Kerosene Oil and other light products of Petroleum and Turpentine." Seconded by Senator Chillingworth and carried.

Senater Dowsett moved to strike out the words "Kerosene Oil, Benzole, Petroleum, Naptha, Gasoline or Turpentine" in lines 8 and 9 of Section 1 and insert in lieu thereof the words "Fetroleum, Kerosene Oil and other light products of Petroleum and Turpentine." Seconded by Senator Chillingworth and carried.

Senator Dowsett moved to add at the end of Section I the words "in the manner prescribed and approved by the Superintendent of Public Works." Seconded by Senator Chillingworth and carried.

Senator Dowsett moved to strike out the words "Oils and Other Liquid Explosives," in line 4 of Section 3 and insert in lieu thereof the words "Petroleum, Kerosene Oil and other light products of Petroleum and Turpentine." Seconded by Senater Chillingworth and carried.

Senator Dowsett moved to strike out the words "oils or liquid explosives" in lines 2 and 3 of Section 4 and insert in lieu thereof the words "Petroleum, Kerosene Oil and other light products of Petroleum and Turpentine." Seconded by Senator Chillingworth and carried.

Senator Dowsett moved to strike cut the words "oils or liquid explosives" in lines 3 and 4 of Section 4 and insert in lieu there