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CHAPTER 92.

CONTROL OF THE PRESS.

WHEREAS it is important for the protection of the rights of individuals, as well as of the public in general, that all newspapers and prints of like nature for the dissemination of news, information, instruction, or other purpose should be issued by responsible individuals or companies: Therefore,

Be it enacted, etc.:

§ 1534. From and after the promulgation of this chapter, it shall not be lawful to print and publish in the Hawaiian Islands any newspapers or prints of like nature for the dissemination of news, information, instruction, or other purpose until a certificate, duly attested by the oath of any person hereinafter specified, shall have been filed in the office of the treasurer.

§ 1535. The certificate mentioned in section 1534 shall contain the following information: The name of the proposed newspaper or other publication; the true names and abodes of the person or persons or corporation who or which will print the proposed newspaper or other publication; the true names and abodes of the editor or editors and publishers of such newspaper or other publication; the true names and abodes of the owners or proprietors of such newspaper or other publication; a true description of the house or place whence the same is to be issued; and the dates or periods when it is proposed to issue or publish the same. Such certificate shall be open to inspection during office hours without fee or reward.

§ 1536. Such certificate shall be signed and duly sworn to by any one of the editors, publishers, or proprietors of the newspaper or other publication referred to in the certificate.

§ 1537. Whenever any change shall occur in any of the facts covered by such certificate, a new certificate-noting such change and specifying in full the nature thereof, together with all the facts necessary to an understanding of such change and needed to complete all of the information contained in the certificate mentioned in section 1535-shall be filed immediately in the office of said treasurer. It shall be open to inspection during office hours without fee or charge. § 1538. The treasurer and the chief clerk of the treasury department are hereby authorized to administer the oath or affirmation required to such certificate, which shall be without charge.

§ 1539. There shall be paid, upon the filing of the certificate mentioned in section 1535, the sum of one dollar; upon the filing of any certificate of change, as required by section 1537, the sum of half a dollar.

§ 1540. Any person who shall knowingly vend or sell any newspaper or other publication for which a certificate must be filed as by this chapter prescribed, which certificate has not been filed, shall be liable to pay a fine of not less than ten nor more than one hundred dollars. § 1541. Any person making the certificates in this chapter provided, or swearing to the same, who shall knowingly insert therein or swear to any false statement shall be liable to the pains and penalties to which persons are liable for perjury.

§ 1542. In some prominent place in every newspaper or other publication by this chapter covered there shall always appear the place of publication and issue thereof, the name of the person or concern printing or publishing the same, together with the names

and places of residence of all the editors, besides the names and places of residence of the proprietors. In case of failure to comply with the requirements of this section, each of the persons whose names should be so published shall be liable to pay a fine of not less than fifty nor more than five hundred dollars; for any second or further offense each of such persons shall be liable to pay a fine of not less than one hundred nor more than one thousand dollars; and upon conviction after a first offense the further publication of the newspaper or other publication may, in the option of the magistrate, be suspended temporarily or wholly.

§ 1543. Any person violating any provision of this chapter not herein before specially provided for shall be liable to the payment of a fine of not less than one hundred nor over five hundred dollars.

§ 1544. The district magistrates of any district wherein an offense under this chapter arises are hereby authorized to take jurisdiction thereof.

NOTE TO CHAPTER 92.

SS 1534-1544 are P. G., act 33.

Newspapers publishing seditious libels. See § 1625.

[CHAPTER 93.]

[SS 1545-1591.]

CHAPTER 94.

SECRET ASSOCIATIONS.

§ 1592. It shall not be lawful for any persons to organize, form, or maintain any secret association for any purpose whatever, except under the provisions in this act set forth.

§ 1593. Any persons desiring to organize, form, or maintain a secret association in this Territory shall apply to the treasurer for a license to organize, form, and maintain a secret association. Such application shall be in writing, stating the object for which such association is organized, formed, and maintained, and shall be verified by the oaths of at least two of the persons making the application.

§ 1594. Such application shall be submitted to the governor, who may grant or refuse the request made.

§1595. If such application shall be granted, the treasurer shall, free of any cost or charge, issue a license to the applicants to organize, form, and maintain a secret association. The said license shall state the name of the association, the names of the applicants, and the object of the association.

§ 1596. Such license may be revoked and cancelled at any time by the governor. ·

§ 1597. Any person or persons who shall organize, form, maintain, join, become a member, or remain a member of any secret association not licensed as provided for in this chapter shall be guilty of a misdemeanor and upon conviction be punished by imprisonment not to exceed three months, or by a fine not exceeding one hundred dollars, or by both such fine and imprisonment, in the discretion of the court. § 1598. Any person owning or occupying premises upon which an unlicensed secret association assembles, who shall knowingly permit such assembly, shall be punished on conviction by imprisonment not to exceed six months, or by a fine not to exceed two hundred dollars, or by both such fine and imprisonment, in the discretion of the court.

§ 1599. All secret associations now existing in this Territory shall, within thirty days after the approval of this chapter, apply for the license provided for in this chapter, and if such license be refused shall thenceforth cease to assemble, and any person or persons who may be members of such association and shall assemble or remain a member or members of such secret association shall be guilty of a misdemeanor and punished on conviction as provided for in section

1597.

§ 1600. The provisions of this chapter shall not apply to such secret associations which have obtained and have, or such which may hereafter obtain, charters of incorporation unders the laws of this Territory.

NOTE TO CHAPTER 94.

S$ 1592-1600 are S. L., 1884, ch. 52.

[§ 1601.]

CHAPTER 95.

AGRICULTURE AND FORESTRY.

PART I.-COMMISSIONER OF AGRICULTURE AND FORESTRY.

§ 1602. It shall be the duty of the commissioner of agriculture and forestry to seek to prevent the introduction into this Territory of any plant disease, blight, or insect pests injurious to any tree or trees, plant or plants, or vegetation, and to seek to exterminate any such diseases, blight, or insect pests now existing or hereafter introduced.

They shall have the power to enter upon any premises where they have reason to believe there is any tree, plant, or vegetation affected with any disease, blight, or insect pest, and to take all reasonable and proper steps to prevent the spread of any such disease, blight, or insect pest; and if after due trial (such trial to be not longer than ten days) it is found by said commissioner, or one of them, that the trees, plants, or vegetation can not be cured or the blight destroyed, that then and in such case he or they may order the same destroyed.

§ 1603. The master of any vessel entering any port of this Territory from a foreign port on which there shall be any plant to be landed in this Territory shall immediately upon arrival notify the commissioner, and shall not permit the plant, nor any of the soil, containers, or coverings connected with the same, to be removed from the vessel until the commissioner shall have inspected and passed the same.

§ 1604. Whenever, after careful examination and attention, the commissioner shall have reason to believe that any plant imported from a foreign port is affected with any disease, blight, or insect pest, he shall cause such plant to be utterly destroyed, together with its container and coverings, and shall dispose of the soil, if any, in which such plant was imported in such manner as shall destroy any disease, blight, or insects which may be in the same.

§ 1605. It shall be the duty of every person to report immediately to the commissioner any tree, plant, or vegetation on or about his own premises or the premises of another which he shall have reason to believe is affected with disease, blight, or insect pest.

§ 1606. The commissioner, subject to the approval of the governor, may make such regulations for the Territory as he judge necessary for the public safety in the prevention of the introduction or spread of plant diseases, blight, and insect pests. Due notice of all such regu

lations shall be given in the Hawaiian, English, Portuguese, Japanese, and Chinese languages.

§ 1607. Any person violating any of the provisions of sections 16011609, or any of the regulations of the commissioner, after the same shall have been duly approved and published, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any district magistrate shall be fined not more than one hundred dollars.

[§ 1608.]

$1609. For the purpose of carrying into effect the provisions of sections 1601-1609 the commissioner shall be, and is hereby, invested with full power to apportion and disburse all sums of money that shall be appropriated by the legislature for this purpose. All drafts upon the public treasury for expenditures under sections 1601-1609 shall be drawn by the commissioner and countersigned by the governor.

PART II.-PRESERVATION OF FORESTS.

WHEREAS it is an established fact that the destruction of forests in any country tends to diminish the supply of water: Therefore, Be it enacted, etc.:

§ 1610. That the governor is hereby authorized to set apart and cause to be protected from damage by trespass of animals or otherwise such woods and forest lands, the property of government, as may in his opinion be best suited for the protection of water sources and the supply of timber and fruit trees, cabinet woods, and valuable shrubbery.

§ 1611. For the purposes contemplated in sections 1610-1614 the gov ernor is hereby authorized to appoint some competent person as superintendent of woods and forests, who shall, under the direction of the said governor, enforce such rules and regulations as may be established to protect and preserve such reserved woods and forest lands from trespass. Said superintendent shall have charge of the construction of all fences and barriers required to protect the said woods and forest lands, and shall be responsible for their being kept in good condition. He shall, under the direction of the said governor, be empowered to cause the arrest of any trespassers on such lands, and all constabulary or police of the districts in which such woods and lands may be situated are hereby required to assist the said superintendent in carrying out the directions of the said governor in the premises. And it is hereby made an offense, punishable by a fine not to exceed one hundred dollars, or imprisonment at hard labor not to exceed one year, upon conviction before any district magistrate of any person who will violate any of the rules or regulations established as aforesaid tabuing such woods and forest lands.

§ 1612.1

1613. Whenever it shall be necessary to extinguish any private right or title in any woods or lands required to fully carry out the intention of sections 1610-1614, the fair valuation of the same shall be determined by referees agreed upon by and between the parties interested therein and the governor, and the valuation so adjudged and determined shall be the extreme limit of the price to be paid by the government for such woods or lands, and upon making tender of such price so determined by the referees, it shall be lawful for the said governor to take possession of such woods and lands for the purposes aforesaid.

$1614. The superintendent of woods and forests shall receive for the faithful performance of the duties of his office, such sum as the gover nor shall direct.

PART III.-COFFEE.

§ 1615. That in order to prevent the introduction of the coffee eaf disease, and other diseases injurious to the coffee plant, the importation into the Territory of Hawaii of coffee trees or shrubs is hereby prohibited.

§ 1616. Any person who shall violate section 1615 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five nor more than fifty dollars, and any trees or shrubs so imported contrary to this law shall be forthwith destroyed by the chief sheriff or his deputy.

PART IV.-FOREST ROADS.

§ 1617. From and after the passage of sections 1617-1619 it shall not be lawful for any person to cut, mutilate, or destroy any forest tree or growing shrubbery or underbush within 250 feet of any road which may have been or hereafter may be constructed by the government through any natural forest.

§ 1618. Sections 1617-1619 shall not be construed to prevent any person who may have already cleared and planted land, such land now being under cultivation, from clearing trees, shrubbery, and underbrush therefrom to a sufficient extent to properly continue such cultivation, nor to prevent the holder of such lot from constructing a road to the rear of such lot.

§ 1619. Any person violating sections 1617-1619 shall be fined not less than ten dollars nor more than fifty dollars for each offense.

NOTE TO CHAPTER 95.

§ 1601-1609 are S. L. 1890, ch. 2.

§§ 1610-1614 are S. L. 1876 ch. 30; C. L., p. 584.

§§ 1615-1616 are S. L. 1888, ch. 34.

1617-1619 are S. L. 1892, ch. 88.

[CHAPTER 96.]

[§§ 1620-1632.]

CHAPTER 97.
OPIUM.

§ 1633. The importation of opium or any preparation thereof into the Hawaiian Islands, except as authorized by section 1634, is hereby strictly prohibited; and whoever shall import, sell, give, or furnish opium, or any preparation thereof, to any person in the Hawaiian Islands, except as provided in section 1634, shall be liable to a penalty of not less than five hundred dollars, nor more than two thousand dollars, and to be imprisoned at hard labor for any term not less than one month nor more than two years; one half of which pecuniary penalty shall be paid to the person or persons giving the information which shall lead to the conviction of the offender.

§ 1634. The board of health may, from time to time, import such quantities of opium or preparations thereof as the said board shall deem necessary for medical purposes in the Hawaiian Islands, and shall furnish it at cost price to any physician or surgeon having a diploma or certificate from some medical college or university, and who has a license to practice medicine in the Hawaiian Islands; also, to the person in charge of the medicines at the leper settlement at Molokai, to be

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