election to an office, appear before an examining board for examination as to his qualifications for the office to which he has been elected.

§ 77. When an officer is reelected no new commission issues, but a certificate of such election must be issued to him by the commander in chief.

§ 78. Whenever a sufficient number of persons subject to military duty subscribe a call for the organization of a company, the commander in chief, upon the application of such persons, may appoint a time and place of meeting for the purpose of organization, and detail an officer to preside over the same.

§ 79. The commander in chief may at any time, for good and sufficient reasons, disband any portion of the national guard and sharpshooters.

§ 80. Any officer resigning his commission must do so in writing, addressing the adjutant of the general staff, giving his reason therefor, and transmit the same through his immediate commanding officer, who will make his indorsement thereon; and the resignation takes effect when accepted by the commander in chief and announced in orders.

§ 81. All officers and soldiers of the national guard and sharpshooters who comply with all military duties as provided in this chapter are entitled to exemption from the payment of poll tax, school tax, and road tax; and all officers and soldiers in active service shall be exempt from jury service.

§ 82. The adjutant of the general staff must make out, on or before the 5th day of July of each year, a complete roll of the military forces of each taxation district as they appear on the records of his office July 1st, and furnish a copy of the same, duly sworn, to the assessor of the district wherein such force is located.

§ 83. All officers and soldiers of the national guard, on becoming members and before performing duty, and at each subsequent reenlistment, election, or promotion, must take and subscribe to an oath as follows, which all commissioned officers thereof are empowered to administer. Oath for officers: "I do solemnly swear that I will support the Government of Hawaii and that I will serve honestly and faithfully against all its enemies whomsoever, and that I will obey the orders of the Governor of the Territory of Hawaii and the orders of the officers appointed over me, and will maintain and defend the laws, and that I will serve in the national guard of Hawaii as a soldier for the term of one year, provided that the Government should so long require my service. Oath for enlisted men: "I do solemnly swear that I will support the Government of Hawaii and that I will serve honestly and faithfully against all its enemies whomsoever, and that I will obey the orders of the Governor of the Territory of Hawaii and the orders of the officers appointed over me, and will maintain and defend the laws, and that I will serve in the national guard of Hawaii as a soldier for the term of one year, provided that the Government should so long require my services." Which oath, certified by the officer administering the same, must be returned to the regimental adjutant and be preserved with the rolls of companies. Oaths of reenlistment shall show on the margin the number of the reenlistment. § 84. All fines and penalties for nonattendance upon drills, parades, and inspections, determined and imposed under the provisions of such rules and by-laws as may be adopted from time to time by any regiment, battalion, or company, and approved by the commander

in chief, or such fines and penalties as may be determined by courtmartial, may be collected by action in the district court, in the name of the Territory of Hawaii; and the books and records of the regiment, battalion, or companies and the proceedings under which delinquents are fined are prima facie evidence of the facts therein stated.

§ 85. Any enlisted man may be discharged before the expiration of his term of service by order of the commanding officer of the battalion or regiment, or on the recommendation of his company commander, or for any of the following reasons: To accept promotion by commission; upon removal of residence out of the bounds of the command to which he belongs to so great a distance that, in the opinion of such commanding officer, he can not properly perform his military duty: upon disability established by certificate of a medical officer. Or he may be dishonorably discharged for any of the following reasons: Upon conviction of a felony in a civil court; by sentence of a courtmartial.

§ 86. Any officer or enlisted man of the national guard of Hawaii who shall be dishonorably discharged shall thereby be disabled to hold any office or employment in the service of the Territory of Hawaii unless pardoned by the commander in chief.

§ 87. In case of war, insurrection, or rebellion, or of resistance to the execution of the laws of this Government, all employees of the Government, unless physically disabled, shall report for duty and be subject to military service.

§ 88. All retainers to the camp or posts, and all persons serving with the military or armed forces in the field, though not enlisted soldiers, are to be subject to orders according to the rules and discipline of

war.

§89. Every officer commanding a company shall be charged with the arms, accoutrements, ammunition, clothing, or other stores belonging to his command, and shall be accountable to the Government for the same in case of their being lost or damaged otherwise than by unavoidable accident or in actual service.

§ 90. Any commissioned officer who has served for a continuous period of five years, or who has become disabled and incapable of longer performing the active duties of his office, may, upon his own application, be placed upon the retired list, if, upon examination by a medical officer, it is found that such disability was not incurred by reason of any dereliction on his part. Officers retired will hold the rank held by them at the time of retirement, and shall only be subject to detail for duty by orders from the commander in chief. When detailed for duty they will take rank next to officers of like rank upon the active list.

§ 91. In case of war, insurrection, rebellion, or of resistance to the laws of this Government, the national guard and sharpshooters, or any part thereof, may be called into active service upon the call or requisition of the commander in chief. Any member of the national guard or sharpshooters who neglects or refuses to rendezvous when ordered out by the commander in chief is guilty of disobedience of orders and may be tried and punished by a court-martial.

§ 92. The national guard and sharpshooters shall be armed and equipped as prescribed from time to time by the commander in chief. § 93. No military organization provided for in this chapter shall, either for ceremony or duty, carry any flag of any State or nation except that of the Government of Hawaii.

NOTE TO CHAPTER 9.

S$ 65-66 are S. L. 1896, Act 8. follows: § 69 by S. L. 1896, Act 49. 1895, Act 20. SS 40-45.

§§ 67-87 are 1895, Act 20. §§ 1-21; amended as §§ 83 and 85 by S. L. 1898, §§ 1-2. §§ 88-93 are

Courts-martial, see Penal Laws, ch. 98.

CHAPTER 10.

DEPARTMENT OF PUBLIC INSTRUCTION.

§ 94. There shall be an executive department to be known as the department of public instruction, which shall consist of a superintendent of public instruction and six commissioners.

§ 95. The superintendent of public instruction shall be the chief administrative officer of the department, and shall keep an office at the seat of government. The superintendent of public instruction may be referred to in this chapter as the superintendent.

§ 96. The governor, by and with the advice and consent of the senate, shall appoint six competent persons to act as commissioners. They shall be divided into three classes of two commissioners in each class, who shall be commissioned for the term of one, two, and three years, respectively; and as such commissions shall expire, the vacancy shall be filled by appointments for terms of three years, so that there shall be a continual succession of such classes, one class going out of office each year. In case of a vacancy among the commissioners from any cause other than the expiration of the tenure of office, such vacancy shall be filled by appointment, and the term of office of such commissioner shall be the remainder of the term to which his predecessor was appointed.

§ 97. No person in holy orders or a minister of religion shall be eligible as a commissioner. Women shall be eligible to be appointed as commissioners; provided, however, that not more than two shall hold commissions at any one time. All commissioners shall serve without

pay.

$98. The superintendent and three commissioners, or, in the absence of the superintendent, four commissioners, shall constitute a quorum for the transaction of business.

§ 99. The superintendent shall preside at all meetings at which he may be present, and in his absence the commissioners may choose one of their number to act as chairman of the meeting.

§ 100. The superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts, or other documents of the department. He shall, not later than the last Wednesday of February in each year, present to the governor a full report of the principal transactions within his department during the year ending December thirty-first last preceding, together with such recommendations as he may think proper.

§ 101. The department may adopt rules and regulations not contrary to existing laws for the government of all teachers and pupils, and its officers, agents, and servants, and for the carrying out the general scheme of education and for the transaction of its business, which, when approved by the governor and published, shall have the force and effect of law.

§ 102. The department shall maintain an office at the seat of government, which shall be open for the transaction of business every day, excepting Sundays and holidays.

§ 103. The department shall adopt a seal, the impression of which shall be necessary to authenticate all of its appointments, commissions, final acts of the nature of record, and all other documents issued by it.

§ 104. The department shall cause all its proceedings, doings, and acts to be recorded, and such records shall from time to time be filed in the archives of the department. A certified copy of such record, or any portion thereof, when signed by the superintendent and attested by the secretary under the seal of the department, shall be competent evidence of all it contains in any court.

§ 105. The department may from time to time appoint and remove such officers, agents, and servants as may be necessary for carrying out the purposes of this chapter, and regulate their duties, powers, and responsibilities, when not otherwise provided by law.

§ 106. For the purpose of supervision and inspection, the department shall appoint an inspector-general of schools, to hold office during its pleasure; provided, however, that no person in holy orders or a minister of religion shall be eligible to fill such office.

§ 107. It shall be the special duty of the inspector-general of schools to make frequent tours of the respective islands and districts; to examine into the condition of the public schools; to inform school officers and teachers of their several duties; and to foster generally an interest in the cause of education. The inspector-general may, in the discretion of the department, have the power of appointment and dismissal of school-teachers; the arranging and rearranging of studies to be pursued; and the prominence to be given to any particular branch of learning; to examine the books, vouchers, and accounts of the various school agents and local school committees; to hold examinations for the purpose of determining the qualifications of persons desiring to serve as school-teachers; to give certificates of approval to those found competent; and to do and perform all other matters and things entrusted to his care by the department. He shall report in writing a distinct statement to the department of all acts and duties performed by him; all of which shall be subject to be approved or disapproved by the department.

§ 108. The department shall appoint a secretary to hold office during its pleasure. He shall record the doings and transactions of the department, take minutes of all its meetings, noting the same in a book of record; keep the minutes of the meetings of the various committees, if so requested; carry on the necessary correspondence; and keep a true and accurate account of all the financial transactions of the department; and to do and perform all other acts and things as may be required of him by the department. He shall have the custody of and be responsible for the safe-keeping of all books, records, vouchers, and other documents, and all other property of the department kept at its general office at the seat of government.

§ 109. The department shall appoint a school agent for each school district, to serve during its pleasure, who shall be entrusted with the execution of all acts, orders, instructions, and regulations of the department and of the inspector-general. All of his acts and doings shall be subject to the final approval of the department.

§ 110. All schools shall be presided over by qualified teachers. If there shall be more than one teacher in any public school, one of them shall be designated by the department as principal.

§ 111. The salary of the various school agents, teachers, servants, and officers, not specially provided by law, shall be such as may be from time to time allowed by the department.

§ 112. All schools established and maintained by the department in accordance with law are public schools. All other schools are pri

vate schools.

§ 113. The department shall have entire charge and control and be reponsible for the conduct of all affairs appertaining to public instruction. The department is authorized to establish and maintain schools for secular instruction at such places and for such terms as, in its discretion, it may deem advisable and the funds at its disposal may permit. The department shall regulate the course of study to be pursued in all grades of public schools, and classify them by such methods as it shall deem proper. Such schools may include normal schools, high schools, kindergarten schools, schools for technical instruction, boarding schools, evening as well as day schools. The department may also maintain classes for normal, technical, and other instruction in any school where there may not be pupils sufficient in number to justify the establishment of separate schools for such purposes.

§ 114. Any person desiring to establish a private school shall make an application in writing to that effect to the school agent of the district in which it is desired to establish such school, which application shall be accompanied by a memorial from the parents and guardians of the children intending to attend such school, stating that the applicant is the person of their choice for a teacher of their children. If the applicant possesses the necessary qualifications to become a teacher of the school proposed, the department shall issue a permit authorizing the establishment of such school.

§ 115. Every private school shall be subject to the supervision of the department. It shall be the duty of the department to require that teachers of private schools be persons of good moral character; and that the premises of such schools comply with the rules and regulations of the department, as from time to time promulgated, with regard to sanitary conditions and hygiene.

116. There shall be no charge for tuition in any public school; provided, however, that the department may, in its discretion, establish, maintain, and discontinue select schools taught in the English language, at a charge of such tuition fees for attendance as it may deem proper; provided, however, that such select schools shall be established only in places where free schools of the same grade for pupils within the compulsory age are readily accessible to the children of such district.

§ 117. The attendance of all children between six and fifteen years of age, both inclusive, at either a public or private school is obligatory. And it shall be incumbent upon all parents, guardians, and others having the responsibility and care of children of such ages to send them to some such school, provided that such attendance shall not be compulsory in the following cases, but in no others:

First. Where there is no school in the school district where such child resides and the distance to the nearest school exceeds four miles.

Second. When such child shall be physically or mentally unable to attend school, of which fact the certificate of a duly qualified physician shall be evidence.

Third. When a competent person is employed as tutor in the family wherein such child resides and proper instruction is thereby imparted.

Fourth. Where any child of not less than the age of thirteen years