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Other styles of axle shall have tires of same width as those of equal carrying capacity above specified.

SECTION 2. The front and rear axles of all vehicles mentioned in this act shall differ in length so that in progressing along a straight course the hind wheels shall not pass over the same ground passed over by the front wheels.

SECTION 3. Every person who uses upon any public highway or street in the Territory of Hawaii any cart, dray, omnibus, stage coach, wagonette, wagon, or other vehicle the wheels of which wagon or vehicle have tires of a less width than specified for such kind of wagon or vehicle in section 1, or whose axles do not conform to the provisions of section 2 of this act, shall be guilty of a misdemeanor.

SECTION 4. From and after the first day of July, A. D. 1901, every owner or driver of a cart, wagon, omnibus, stage coach, wagonette, or other vehicle used or driven upon any public street, road, or highway, even though brought into the Hiwaiian Islands or constructed previous to the thirtieth day of June, A. D. 1898, the wheels of which wagon or vehicle have tires of a less width than as specified and provided for such kind of wagon or vehicle in section 1 of this act, shall be guilty of a misdemeanor.

SECTION 5. Any person found guilty of a violation of any of the provisions of this act shall be fined in the penal sum of not less than ten dollars nor more than twenty-five dollars.

[ACTS 26-28.]

ACT 29.

AN ACT to convert land at Kaliu and Makiki, Honolulu, into free public recreation grounds and to maintain the same as such under the supervision of the minister of the interior.

SECTION 1. The following properties situated at Kaliu and Makiki, Honolulu, are hereby declared and made free public recreation grounds, to wit:

All that land at Kaliu, Honolulu, bounded and described as follows: Begin at the intersection of the north line of the Nuuanu embankment and the east line of King street and run by the true meridian. N. 1° 11' 30" E. 313 feet, more or less, along the east side of King street.

N. 85° E. 486 feet, more or less, along the Frear and Allen lots. S. 39° 55′ 30′′ E. 244 feet, more or less, along the makai side of Beretania street extension, thence by a curve to the right of radius 1,010 feet along the Nuuanu embankment, the direct bearing and length of chord being:

S. 72° 30′ W. 498 feet, more or less, to the end of curve;

S. 84° 15′ W. 174 feet, more or less, to the initial point. Area, 3.82 acres. The same to be called "River Park."

Also all that land at Makiki, Honolulu, bounded and described as follows:

Begin at a stone post marking the east corner of Keeaumoku and Kinau streets and run by the true meridian:

N. 21° 12' E. 401.5 feet along Keeaumoku street;

S. 46° 25' E. 479.0 feet along Lunalilo street;

S. 43° 35′ W. 238.0 feet along Makiki street;

N. 68° 48′ W. 353.4 feet along Kinau street to the initial point. Area, 2.96 acres. The same to be called "Makiki Park."

SECTION 2. The superintendent of public works and his successors in office are hereby authorized and directed to convert all the property named in section 1 of this act in said Honolulu into free and public recreation grounds and to maintain the same as such for the use and benefit of the public.

ACT 30.]

ACT 31.

AN ACT to regulate the laundering of clothing, bed clothing, napery, towels, and other articles of like character.

SECTION 1. It shall be unlawful for any person to eject water or other fluid from his mouth upon any clothing, bed clothing, napery, towels, or other articles of like character, in preparing the same for ironing or pressing, or in ironing or pressing them.

SECTION 2. Any person so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding ten dollars; and upon conviction of a subsequent offense shall be fined not exceeding twenty dollars.

ACT 32.]

ACT 33.

AN ACT authorizing the issuing of licenses to erect, maintain, and operate steam laundries in the district of Kona, island of Oahu.

SECTION 1. The treasurer, with the approval of the governor, may issue to any person, partnership, or corporation a license to erect, maintain, and operate a steam laundry within the district of Kona, island of Oahu, upon such conditions as to location and otherwise as shall be set forth in the license.

SECTION 2. Said license shall not be issued except upon the certificate of the board of health, setting forth that an agent of said board has examined the location at which it is proposed to operate said steam laundry, and that the same is suitable for the purpose.

SECTION 3. The annual fee for said license shall be fifty dollars. SECTION 4. Said steam laundries shall be subject to such regulations as to sanitation as may be prescribed from time to time by the board of health.

ACT 34.

AN ACT to provide against the adulteration of food and drugs.

SECTION 1. That no person shall, within the Territory of Hawaii, manufacture, offer for sale, or sell any drug or article of food which is adulterated, within the meaning of this act.

SECTION 2. The term "drug," as used in this act, shall include all drugs, medicines, or medicinal preparations for internal or external use, antiseptics, antiseptic dressings, disinfectants, and cosmetics. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound.

SECTION 3. An article shall be deemed to be adulterated within the meaning of this act:

(a) In the case of drugs

(1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality,

or purity laid down there n. (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard or strength, quality, or purity laid down in such work. (3) If its strength, quality, or purity falls below the professed standard under which it is sold. (4) If it contain any substance inimical or dangerous to life without the same being duly stated on the label or wrapper.

(b) In the case of food

(1) If any substance or substances have been mixed with it so as to lower or depreciate or injuriously affect its quality, strength, or purity. (2) If any inferior or cheaper substance or substances have been substituted, wholly or in part, for it. (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. (4) If it is an imitation of or is sold under the name of another article. (5) If it consists, wholly or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal. (6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is. (7) If it contains any added substance or ingredient which is poisonous or injurious to health, or any deleterious substance not a necessary ingredient in its manufacture: Provided that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food, if the same be distinctly labeled as mixtures or compounds, and are not injurious to health, and contain no ingredient not necessary to the preparation of a genuine article of such mixtures or compounds, and from which no necessary ingredient in its preparation is eliminated.

SECTION 4. Every person manufacturing, offering, or exposing for sale or delivering to a purchaser any drug or article of food included in the provisions of this act shall furnish to the duly appointed food commissioner, upon demand, either personal or in writing, a sample sufficient for the analysis of any such drug or article of food which is in his possession.

SECTION 5. Whoever refuses to comply, upon demand, with the requirements of section 4, and whoever violates any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction, shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned at hard labor not exceeding one hundred nor less than thirty days, or both. And any person found guilty under the provisions of this act of manufacturing, offering for sale, or selling an adulterated article of food or drug shall be adjudged to pay, in addition to the penalties herein before provided for, all the necessary expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling, or offering for sale.

SECTION 6. To carry out the provisions of this act the board of health shall appoint a duly qualified food commissioner and analyst, who shall receive such a salary as the legislature shall from time to time appropriate, and who shall furnish good and sufficient bonds of not less than two thousand dollars ($2,000.00) for the proper and unprejudiced performance of his duties, and who shall be provided by the board of health with the necessary chemical and microchemical apparatus, together with a proper office and laboratory for work.

SECTION 7. It shall be the duty of the food commissioner to carefully inquire into the quality of the several articles which are foods or the necessary constituents of foods, manufactured or for sale or sold or exposed for sale within the Territory of Hawaii, and he may in a lawful manner procure samples thereof, subject the same to careful examination, and report the result of such analysis of all or any of such food and drink products or dairy products as are adulterated, impure, or unwholesome, in contravention of the laws of the Territory of Hawaii, to the board of health, and it shall be the duty of the food commissioner, with the consent of said board of health, to make complaint, with the necessary evidence, through the proper authorities, against such manufacturer or vendor.

SECTION 8. The food commissioner, with the consent and sanction of the board of health, shall have power in the performance of his duties to enter into any creamery, factory, store, salesroom, storage room, drug store, or laboratory, or any place where he has reason to believe food or drink are made, prepared, sold, or offered for sale, and to open any cask, tub, jar, tin, bottle, case, or package containing or supposed to contain any article of food or drink, and examine or cause to be examined the contents thereof, and take therefrom samples for analysis.

SECTION 9. The food commissioner shall make a monthly report in writing to the president of the board of health, containing the results of inspection and analysis in detail; and upon the request of the said board he shall furnish for publication a popular explanation of the same covering any month or period, together with any such other information as may come to him in his official capacity relating to the adulteration of drugs and food and drink products, so far as the same may be deemed by said board of health to be of benefit and advantage to the public.

SECTION 10. The food commissioner shall investigate complaints on the information of any person who shall lay before him satisfactory evidence of the same.

SECTION 11. Jurisdiction is hereby conferred upon all district magistrates to hear and determine all cases arising under this act.

ACT 35.

AN ACT to prohibit the importation, sale, giving, or furnishing of foreign goods, wares, or merchandise stamped, marked, branded, wrapped, or boxed in such manner as to induce any person to believe that the same were grown, produced, or manufactured in whole or in part in the Territory of Hawaii.

SECTION 1. The importation into the Territory of Hawaii of any foreign goods, wares, or merchandise, stamped, marked, branded, wrapped, or boxed in such manner as to induce any person to believe that such goods, wares, or merchandise were grown, produced, or manufactured in whole or in part in the Territory of Hawaii, is hereby strictly prohibited; and whoever shall import, sell, give, or furnish, or cause to be imported, sold, given, or furnished any foreign goods, wares, or merchandise, stamped, marked, branded, wrapped, or boxed in such manner as to induce any person to believe that such goods, wares, or merchandise were grown, produced, or manufactured in whole or in part in the Territory of Hawaii, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not more than five hundred dollars, or imprisoned at hard labor for not more than six months in the discretion of the district magistrate.

[ACTS 36-38.]

ACT 39.

AN ACT creating an auditor's department and to further regulate the receipt, custody, and disbursement of public moneys, and provide for the supervision of public accountants and audit of public accounts.

PART 1.-AUditor, DeputY AUDITOR, APPOINTMENT, OATH, TERM OF OFFICE, OFFICE HOURS, BOND, AND REMOVAL.

SECTION 1. The governor, with the approval of the senate, shall appoint an auditor, who shall hold office for a term of four years and until his successor is appointed and qualified: Provided, however, That he may be removed from office by the governor.

SECTION 2. There shall be appointed by the governor, with the approval of the senate, a deputy auditor, who shall hold office for a term of four years or until his successor is appointed and qualified, unless otherwise removed.

SECTION 3. The auditor and deputy auditor shall, before entering upon the duties or exercising the powers vested in them by this act, make and subscribe before one of the judges of the supreme court an oath of office or declaration in the form of Schedule A, hereto annexed, and every such oath or declaration shall be kept among the records of said court.

SECTION 4. The auditor and deputy auditor shall not use, exercise, or follow any other profession or employment whatsoever during their term of office, and they shall be paid such annual salary as the legislature may appropriate.

SECTION 5. In case of the illness, absence, or suspension of the auditor, the deputy auditor shall exercise the powers and perform the duties of the auditor.

SECTION 6. The auditor shall have an office in the executive building of the Territory, and he or his deputy shall be in said office daily during his business hours, which shall be from 9 o'clock a. m. to 4 o'clock p. m. on every day except Saturdays, when his business hours shall be from 9 o'clock a. m. to 12 o'clock m.; and further excepting Sundays and all legal holidays.

SECTION 7. The auditor and deputy auditor shall each give a bond for the faithful performance of their official duties of an amount and in a form as the governor may require and direct.

SECTION 8. The auditor and deputy auditor may be suspended or removed from office at any time by the governor for incompetence, misbehavior, abuse of authority, maladministration of office, or failure to perform the duties of the office for more than thirty days. Any vacancy occurring through death, resignation, removal, or suspension shall be filled by appointment of the governor, as prescribed in sections 1 and 2 of this act.

PART 2.-POWERS, WARRANTS, DUTIES, BOOKS, AND REPORTS.

SECTION 9. The auditor shall be the general accountant of the Territory, and it shall be his duty to audit and cause to be recorded every receipt and disbursement of money made to, by, or through the public treasury, and he shall have complete supervision of all government accounts; and, further, he shall have the power, by withholding his approval when necessary, to prevent the misappropriation of public

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