AMEND THE HAWAIIAN ORGANIC ACT, AS AMENDED JANUARY 24, 1930.-Referred to the House Calendar and ordered to be printed Mr. HOUSTON of Hawaii, from the Committee on the Territories, submitted the following REPORT [To accompany H. R. 4656] The Committee on the Territories, to which was referred the bill H. R. 4656, after hearing and consideration, reports the same favorably and recommends that the bill do pass. A bill to provide for the same purpose, H. R. 5575 of the Seventieth Congress, first session, passed the House. This is a bill to amend section 83 of the Hawaiian organic act granting to Hawaii a further measure of self-government eliminating from the present statute the requirement that jurors shall be male citizens. The Legislature of the Territory of Hawaii in its sessions of 1927 and 1929, passed concurrent resolutions memorializing Congress to so amend the provisions of the organic act that the Legislature of the Territory of Hawaii may enact a law providing for women service on juries. Quoted herewith is the concurrent resolution of the Territorial Legislature of 1929: CONCURRENT RESOLUTION (H. Con. Res. 28) Whereas the women of the Territory of Hawaii have shown an interest in civic affairs and in the administration of justice, at least equal to that shown by the men; and Whereas it is but proper that women should be permitted to serve as jurors; and Whereas the Legislature of the Territory of Hawaii desires to enact a law to permit women to serve on juries; and Whereas such a law would be in direct conflict with the provisions of section 83 of the organic act: Therefore, be it Resolved by the House of Representatives of the Territory of Hawaii, the Senate concurring, That Congress be requested to so amend the provisions of section 83 of the orgnic act that the Legislature of the Territory of Hawaii may enact a law permitting women to serve on juries; and be it further Resolved, That copies of this resolution be forwarded to the President of the United States, the President of the Senate of the United States, the Speaker of the House of Representatives of the United States, and to the Delegate to Congress from Hawaii. HOUSE OF REPRESENTATIVES OF THE TERRITORY OF HAWAII, Honolulu, Hawaii, April 27, 1929. We hereby certify that the foregoing concurrent resolution was adopted in the House of Representatives of the Territory of Hawaii on April 11, 1929. F. D. LOWREY, Speaker House of Representatives. Clerk House of Representatives. SENATE OF THE TERRITORY OF HAWAII, Honolulu, Hawaii, April 27, 1929. We hereby certify that the foregoing concurrent resolution was adopted in the Senate of the Territory of Hawaii on April 26, 1929. E. A. K. AKINA, Clerk of the Senate. The purpose sought to be enacted meets with the approval of the present Governor of Hawaii, as well as Governor Farrington, who was the governor preceding Governor Judd. I quote herewith a letter from the Governor of Hawaii: Hon. HIRAM BINGHAM, United States Senator, Washington, D. C. SEPTEMBER 20, 1929. DEAR SENATOR: May I be permitted to express to you the fact that I favor an amendment to the Hawaiian organic act which would permit women in this Territory to serve on juries? * Yours respectfully, * LAWRENCE M. JUDD, This movement is strongly indorsed by the League of Women Voters of the Territory of Hawaii. In compliance with the rule there follows a statement of the law showing the language omitted in brackets and the new language in italic. SEC. 83. That the laws of Hawaii relative to the judicial department, including civil and criminal procedure, except as amended by this act, are continued in force, subject to modification by Congress or the legislature. The provisions of said laws or any laws of the Republic of Hawaii which require juries to be composed of aliens or foreigners only, or to be constituted by impaneling natives of Hawaii only, in civil and criminal cases specified in said laws, are repealed, and all juries shall hereafter be constituted without reference to the race, sex, or place of nativity of the jurors; but no person who is not a [male] citizen of the United States and twenty-one years of age and who can not understandingly speak, read, and write the English language shall be a qualified juror or grand juror in the Territory of Hawaii. No person shall be convicted in any criminal case except by unanimous verdict of the jury. No plaintiff or defendant in any suit or proceeding in a court of the Territory of Hawaii shall be entitled to a trial by a jury impaneled exclusively from persons of any race. Until otherwise provided by the legislature of the Territory, grand juries may be drawn in the manner provided by the Hawaiian statutes for drawing petty juries, and shall sit at such times as the circuit judges of the respective circuits shall direct; the number of grand jurors in each circuit shall be not less than thirteen, and the method of the presentation of cases to said grand jurors shall be prescribed by the Supreme Court of the Territory of Hawaii. The several circuit courts may subpoena witnesses to appear before the grand jury in like manner as they subpoena witnesses to appear before their respective courts. O ELECTRIC LIGHT AND POWER PLANT, HANALEI, HAWAII JANUARY 24, 1930.-Referred to the House Calendar and ordered to be printed Mr. HOUSTON of Hawaii, from the Committee on the Territories, submitted the following REPORT [To accompany H. R. 7984] The Committee on the Territories, to whom was referred H. R. 7984, a bill to approve Act No. 29 of the Session Laws of 1929 of the Territory of Hawaii, having considered same, reports it to the House with the recommendation that the bill do pass. This is a bill to approve the above-numbered act of the Session Laws of 1929 of the Legislature of the Territory of Hawaii, and provides for the operation in the district of Hanalei, county of Kauai, of a company formed to supply electric light and power in a community which is not now so served, in which there lives at the present time a population of about 2,000, 300 of whom it is expected will probably avail themselves of the facilities to be provided. The necessary capital has been subscribed by responsible parties, they will make the installation of lines and terminals, and have arranged to buy their power from the excess now manufactured by a plant belonging to the McBryde Sugar Co. The rates designed to be charged have been submitted to the Public Utilities Commission of the Territory of Hawaii and must meet with their approval. Attention is invited to the fact that this is not an exclusive franchise. Quoted herewith is Act No. 29 of the Session Laws of 1929 of the Territory of Hawaii: AN ACT To authorize and provide for the manufacture, maintenance, distribution, and supply of electric current for light and power within Hanalei, in the District of Hanalei, island and county of Kauai Be it enacted by the Legislature of the Territory of Hawaii: SECTION 1. J. K. Lota, of Hanalei, District of Hanalei, county of Kauai, Territory of Hawaii, his associates, successors, and assigns, or such corporations as he may or they shall cause to be incorporated under the laws of the Territory of Hawaii (he or they being hereafter referred to as "the association"), are hereby granted the right, authority, and privilege to manufacture, sell, furnish, and supply electric light, electric current, or electric power in Hanalei, in the District of Hanalei, on the island of Kauai, Territory of Hawaii, for lighting the streets, roads, public and private buildings, or for motive power, or for any other purpose which the association may deem advisable, and from time to time for the term of fifty years, for the purposes herein mentioned, to construct, maintain, and operate suitable poles, lines, wires, cables, lamps, lamp-posts, conductors, conduits, and such other appliances and appurtenances as may from time to time be necessary for the transmission, distribution, or supply of electricity to consumers thereof, under, along, upon, and over the streets, sidewalks, roads, squares, bridges, alleys, and lanes in said Hanalei, and to connect the said wires, lines, and conductors with any manufactory, private or public buildings, lamps, lamp-posts, or other structure or object and the place of source of supply. SEC. 2. Rules and regulations.-That the board of supervisors of the county of Kauai is hereby authorized to make and from time to time change, amend, or add to reasonable rules regulating the placing of poles and wires, the insulation of wires and apparatus carrying electric current, the excavation of conduits, and the maintenance in good repair of all poles, wires, and apparatus, and generally concerning the manufacture and supply of electricity which may be necessary or proper for the public safety and welfare. If, at any time, the association, after reasonable notice given to it in writing, shall fail to observe or execute the rules and regulations hereinabove provided for relative to the placing of poles and wires, the insulation of wires and apparatus carrying electric current, and the repair of all poles and appliances, the board of supervisors of the county of Kauai, after giving the association reasonable notice thereof in writing of its intention so to do, may proceed to enforce such rules regulating the placing of poles and wires, the insulation of wires and apparatus carrying electric current, the excavation of conduits, and the maintenance in good repair of all poles, wires, and apparatus, and make such repairs as may be necessary to enforce such rules, and the actual cost thereof may be recovered from the association by the county of Kauai. SEC. 3. Poles not to interfere with streets.-That all poles, lines, wires, cables, lamps, lamp posts, conductors, conduits, and other apparatus constructed, maintained, or operated under, along, upon or over the streets, sidewalks, roads, squares, bridges, alleys, and lanes in said Hanalei shall be so constructed and maintained and operated by the association as not to interfere unnecessarily with the use of such streets, sidewalks, roads, squares, bridges, alleys, and lanes by the public. SEC. 4. Plant subject to inspection. That the entire plant, corporation books, and accounts of the association shall at all times be subject to the inspection of the public utilities commission of the Territory of Hawaii and the treasurer of the county of Kauai. SEC. 5. Meters, charges, reasonableness, how determined.-That the association shall have the right to maintain, operate, and use electric meters or other means of measuring electric light, power, or current supply from time to time and to locate the same at such places as may be deemed necessary for determining the current supplied or to be supplied by the association. That the association shall have the right to charge, receive, and collect from all consumers of electricity such reasonable prices as may, from time to time, be fixed and determined by the association, but such charge shall not at any time exceed such rate or rates as may be fixed from time to time by the public utilities commission of the Territory of Hawaii: Provided, however, That the association shall have the right to charge, receive, and collect from each consumer of electricity a minimum rate which shall be established by the public utilities commission without regard to the amount of power consumed: And provided further, That should electricity be required of said association by the Territory of Hawaii, or the county of Kauai, or any successor of either, or of any political subdivision thereof, for public purposes, said association shall charge therefor such rates as shall be fixed by the public utilities commission: And provided further, That this franchise and the association holding the same shall be subject, as to reasonableness of rates, prices, charges, and in all other respects, to the provisions of chapter 132 of the Revised Laws of Hawaii, 1925, creating a public utilities commission in said Territory, reserving, however, to said association the right to appeal to the Supreme Court of Hawaii from every order of said commission as provided in said chapter. SEC. 6. Extensions of lines and charges for making connections.-The Public Utilities Commission of the Territory of Hawaii is hereby granted the power to order said association, its successors or assigns, to make extensions of its service lines, whenever it shall be made to appear that said extension is a public necessity, and that the total plant of said association, including such extension or extensions, can be made to earn a reasonable profit on the cost and maintenance |