matter of this chapter; and power is hereby conferred upon such commission, or a majority of its members, to issue subpoenas to witnesses to appear and testify before such commission, and to produce papers before it, in the same manner as subpoenas are issued by the supreme court. Disobedience or refusal to answer questions asked pursuant to any subpoenas issued by such commission may be punished by any justice of the supreme court on a certification to him by the commission or a majority of its members of the fact of such disobedience; the pun ishment to be the same as that for disobedience of a subpoena of the supreme court.

2150. The said commission is hereby authorized to employ a secre tary or such other clerical assistance as may be necessary in collecting and arranging the above information; also a stenographer and typewriter when required, and to fix the compensation of the same, subject to the approval of the governor; also to incur the necessary incidental expenses connected with the performance of the work of the commission, including traveling expenses of the members of the commission and of witnesses summoned by them; provided, however, that no expense shall be incurred for traveling beyond the limits of this territory.

§ 2151. For the purposes of defraying the expenses of such commission there is hereby authorized to be drawn from the public treasury any balance that may remain unexpended from the amount appropriated for the expenses of the labor commission in act IV of the executive and advisory councils of the Republic, after paying the expenses incurred by the said commission up to the time of the appointment of the commission provided for in this chapter. The money herein appropriated shall be drawn from the treasury in such manner and under such regulations as shall be prescribed by the governor.

§ 2152. As soon as practicable after the appointment of the commission provided for in this chapter the commission provided for in act IV of the executive advisory councils of the Republic shall transfer thereto all books, papers, records, and public property of every kind that may be in its possession or under its control, and shall thereupon cease to exist.

NOTE TO CHAPTER 138.

§§ 2146-2152 are S. L. 1895, act 14.

CHAPTER 139.

EFFECT OF LAND COMMISSION AWARD.

§ 2153. Any award of the land commission not appealed from, within ninety days after its date in accordance with the present laws, shall be final and binding upon all parties, and shall be a good and sufficient title to the person receiving such award, his heirs, and assigns, and shall furnish as good and sufficient a ground upon which to maintain an action for trespass, ejectment, or other real action against any person or persons whatsoever, as if the claimant, his heirs, or assigns had received a land patent for the same; provided that nothing in this section shall be construed as annulling the Government right to commutation in any freehold award as at present established by law.

NOTE TO CHAPTER 139.

Cases in Hawaiian Reports: Kekiekie v. Dennis, 1 Haw., 42; Kuliiahu v. Gill, 1 Haw., 54; Kalama v. Kekuanaoa, 2 Haw., 202; Boundaries of the Ili of Kewalo, 3 Haw., 9; Kanaina v. Long, 3 Haw., 332; Kahoomana v. Minister, 3 Haw., 635; Brunz

v. Minister, 3 Haw., 783; Pedro v. Chun Yun Fan, 4 Haw., 461; Boundaries of Paakea, 5 Haw., 154; Kenoa v. Meek, 6 Haw., 63; Harris v. Carter, 6 Haw., 195; Est. Kekanluohi, 6 Haw., 172; Thurston v. Bishop, 7 Haw., 421; Minister v. Papaikou, 8 Haw., 125.

CHAPTER 140.

CONSTRUCTION OF STATUTES WHERE THE ENGLISH AND HAWAIIAN VERSIONS Do NOT AGREE.

§ 2154. Whenever there shall be found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the Territory which have been or may hereafter be enacted, the English version shall be held binding.

NOTE TO CHAPTER 140.

2154 is S. L. 1864, C. L., p. 490.

Cases in Hawaiian Reports: Re Ross, 8 Haw., 479.

APPENDIX.

RULES AND REGULATIONS FOR ADMINISTERING OATHS AND

[§§ 1-26.]

HOLDING ELECTIONS.

PRECINCTS-HOW LOCATED AND CHANGED.

§ 27. Whenever the convenience of electors may so require, the gov ernor shall set apart two or more precincts in each district; and each precinct so established shall have its separate polling place: Provided, That no change shall hereafter be made as to the boundaries of any precinct within sixty days of an election.

PLACE OF REGISTERING AND VOTING.

§ 28. Every person qualified to register may do so in the precinct in which he resides; and no person shall register or vote in any other precinct than that in which he resides.

If any person resides in more than one precinct, he may elect which precinct he will register in; but he shall register in one precinct only. Provided, however, that at any special election any person who has previously registered and since registering has moved his residence to another precinct without having had an opportunity to register therein may vote in the precinct in which he was last registered. [§§ 29-47.1

REGISTER OF VOTERS-DETAILED RECORD OF VOTERS.

§ 48. The register of voters shall consist of a list of the names of the persons who have registered as voters in any election district, arranged alphabetically by precincts.

[§§ 49-51.]

RECORDS OF BOARD.

§ 52. In addition to the register of voters herein provided to be kept, the several boards shall each keep books of record in which full and detailed minutes shall be preserved of all their proceedings.

Such minutes shall be kept from day to day, and shall contain: (1) The date and place of the meeting;

(2) The names of the members of the board present;

(3) The name of each person applying for registration; whether such name was registered or rejected, and if rejected, the reason therefor; (4) The name of each person to whom an oath is administered, and, if an examination is held, the names of the witnesses and the substance of the answers of the applicant and of the witnesses;

(5) The name of any person challenging the right of any applicant to register, the grounds of challenge, the name of the person challenged, and the decision rendered thereon;

(6) All other matters of detail which are likely to have a bearing upon any question concerning the action of the board or of any person appearing before it.

RECORDS OPEN TO INSPECTION.

§ 53. The register of voters and all records appertaining to the registry of voters, or to any election, in the possession of the board of registration, the inspectors of election, the chief sheriff or any sheriff, or the secretary shall, at all reasonable times, be open to the inspection of any voter.

SECRETARY OF THE TERRITORY TO FURNISH BLANKS.

$54. The secretary of the territory shall furnish suitable books and blanks for the records, registration, elections, certificates, and returns herein provided for, which shall be of uniform character.

ASSESSORS TO FURNISH LISTS OF TAXES PAID.

§ 55. Each tax assessor shall, not later than the 15th day of March in each and every year in which a general election is to be held, furnish to the board a correct alphabetical list, arranged by precincts, of all males of twenty years old and upwards residing within the respective precincts within their respective taxation divisions, who have paid their taxes prior to January 1st of such year.

Provided, however, that the assessor shall not place upon such list the name of any person whom he knows to be unable to qualify for registering.

Such list shall be prima facie evidence of who has and who has not paid his taxes as aforesaid in such precinct, but other evidence shall be admissible to disprove such presumption.

OF CANDIDATES.

NOMINATION BY ELECTORS.

§ 56. No person shall be permitted to stand as a candidate for election to the legislature unless he shall be nominated and so requested in writing, signed by not less than twenty-five duly qualified electors of the district in which an election is ordered, and in which he is requested to be a candidate. Such nomination shall, except as hereinafter provided, be deposited with the secretary of the territory not less than thirty days before the day of a general election or twenty days prior to a special election, except on the island of Oahu, where such nomination shall be deposited not less than ten days before the day of any election. Each nomination shall be accompanied by a deposit of twenty-five dollars, on account of the expenses attending the election, which amount shall be paid into the treasury as a government realization.

Upon receipt at the office of the secretary of the Territory of a nomination of a candidate, the day, hour, and minute when it was received shall be endorsed thereon.

Provided, however, That in case of the withdrawal or death of a candidate, a new nomination or nominations to replace the name of the person who has died or withdrawn may be made, irrespective of such limit of time, with the inspectors of election of the districts in which such death or withdrawal has taken place, and the fee herein required deposited with them.

In such case a voter only, while voting, may write the name of any such new candidate upon the ballot, and vote for it as herein provided.

WITHDRAWAL OF CANDIDATE-ERASURE OF NAME FROM BALLOT.

§ 57. Any candidate may withdraw before an election by giving notice to the secretary of the Territory in writing.

If a candidate shall withdraw after the printing of the ballots, such candidate shall also notify, in writing, the inspectors of election of the precincts in which he was a candidate; and the inspectors shall post, before the opening of the polls on election day, a notice of such withdrawal, or of the death of any candidate, and also the name or names of any new candidates, at the polling place.

CANDIDATES' ASSISTANTS AT THE POLLS.

§ 58. Every candidate shall, on the day preceding the election, furnish the inspectors at each precinct with a complete list of the names of all persons allowed by law to be employed and so employed by him to assist at such precinct in the election, and no person whose name is not on such list shall be permitted to attend at the polling place on behalf of such candidate.

Nothing herein contained shall be construed to forbid the gratuitous assistance of any candidate by any person.

STATEMENT OF ELECTION EXPENSES.

§ 59. Within twenty days following any election, each candidate and each agent or committee acting for or on behalf of any candidate, shall file with the secretary of the Territory an itemized statement of his or their expenses by, for, or on behalf of such candidate for election, showing each amount expended, the purpose or object for which each expenditure was made, and the person or persons to whom made; which statement shall be sworn to by each person making such expenditures, and shall be open to public inspection.

STATEMENT WHEN NO EXPENSES ARE INCURRED.

§ 60. If a candidate, or any agent or committee acting on his behalf, has, or have, incurred no expenses on account of such election, he and they shall file, within twenty days after the election, with the secretary of the Territory, a sworn statement setting forth such fact.

EXPENSES LEGALLY INCURRABLE.

§ 61. The following expenses, and no other, may be legally incurred by or for a candidate for election as senator or representative, viz: 1. His personal expenses as a candidate.

2. Expenses of printing and advertising.

3. Cost of stationery and postage.

4. Expenses of public meetings.

5. Rent and supplies of committee rooms, not to exceed one for each polling place.

6. Salaries of not more than one clerk and two messengers for each polling place.

7. Salaries of not more than one watcher, on election day only, at each polling place.

[§§ 62-63.]

$64. Whenever any vacancy in the elective membership of the legis lature shall occur, the governor shall cause a special election to be held to fill the same.