Page:United States Statutes at Large Volume 44 Part 1.djvu/2131

2117 require that surveys executed thereunder, without expense to the claimant, must follow the general system of the public land surveys, shall not apply where, by reason of the local or topographic conditions, it is not feasible or economical to include in a rectangular form with cardinal boundaries the lands desired; but all such claims must be compact and approximately rectangular in form, and marked upon the ground by permanent monuments at each corner, and the entryman or claimant shall conform his boundaries thereto. In all other respects the, claims will be in conformity with the provisions of the aforesaid Acts. (Apr. 13, 1926, c. 121. § 1,44 Stat. 243.)

380. Soldier's additional entry; trade or manufacturing site; application for official survey; deposit.—That if the rectangular system of the public lands surveys has not been extended over the lands included in a soldier's additional homestead entry, authorized by the aforesaid Act of May 14, 1898, as amended by the Act of March 3, 1903, or a trade and manufacturing site authorized by section 10 of the first-named Act. the entryman or claimant may, upon the approval of the register and receiver, make application to the public survey office for an official survey of his claim, accompanied by a deposit of the estimated cost of the field and office work incident to the execution of such survey. Upon receipt of the application and its accompanying deposit the public survey office will immediately, issue appropriate instructions for the survey of the lands involved, to be executed by the surveying service of the General Land Office not later than the next surveying season under the direction of the supervisor of surveys, unless by reason of the inaccessibility of the locality or other conditions, the supervisor of surveys decides that it will result to the advantage of the Government or claimants to have the survey executed by a United States deputy surveyor, in which event the laws and regulations now governing the execution of the surveys by United States deputy surveyors will be observed. (Apr. 13, 1926, c. 121, § 2, 44. Stat. 243.)

381. Disposition of deposit; rules.—The sum so deposited shall be held by the public survey office, and may be expended by it in payment of the cost of such survey, including field and office work; and any excess over the cost of the survey shall be repaid to the depositor or his legal representative. The Secretary of the Interior is authorized to make all necessary rules and regulations to carry this Act into full force and effect. (Apr. 13, 1928, c. 121, 3, 44 Stat. 244.)

New section. See note to § 379 of this title of the appendix,

Chapter 3-HAWAII.

THE LEGISLATURE AND LEGISLATIVE POWER

362. Scope of legislative power.—The legislative power of the Territory shall extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States locally applicable. The legislature, from time to time, shall reapportion the membership in the senate and house of representatives among the senatorial and representative districts on the basis of the population in each of said districts who are citizens of the Territory; but the legislature shall not grant to any corporation, association, or individual, any special or exclusive privilege, immunity, or franchise without the approval of Congress; nor shall it grant private charters, but it may by general act permit persons to associate themselves together as bodies corporate for manufacturing, agricultural, and other industrial pursuits, and for conducting the business. of insurance, savings banks. banks of discount and deposit (but not of issue), loan, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the construction and operation of railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any other benevolent, charitable, or scientific association. No divorce shall be granted by the legislature, unless the applicant therefor shall have resided in the Territory for two years next preceding the application, but this provision shall not affect any action pending on April 30, 1900: nor shall any lottery or sale of lottery tickets be allowed; nor shall any public money be appropriated for the support or benefit of any sectarian, denominational, or private school, or any school not under the exclusive control of the government; nor shall the government of the Territory of Hawaii, or any political or municipal corporation or subdivision of the Territory, make any subscription to the capital stock of any incorporated company, or in any manner lend its credit for the use thereof; nor shall any debt be authorized to be contracted by or on behalf of the Territory, or any political or municipal corporation or subdivision thereof, except to pay the interest upon the existing indebtedness, to suppress insurrection, or to provide for the common defense, except that, in addition to any indebtedness created for such purposes the legislature may authorize loans by the Territory, or any such subdivision thereof, for the erection of penal, charitable, and educational institutions, and for public buildings, wharves, roads, and harbor and other public improvements, but the total of such indebtedness incurred in any one year by the Territory or any such subdivision shall not exceed 1 per centum. of the assessed value of the property in the Territory or subdivision, respectively as shown by the then last assessments for taxation, whether such assessments are made by the Territory or the subdivision or subdivisions, and the total indebtedness of the Territory shall not at any time be extended beyond 10 per centum of such assessed value of property in the Territory and the total indebtedness of any such subdivision shall not at any time be extended beyond 5 per centum of such assessed value of property in the subdivision, but nothing in this chapter shall prevent the refunding of any indebtedness at any time; nor shall any such loan be made upon the credit of the public domain or part thereof; nor shall any bond or other instrument of any such indebtedness he issued unless made payable it not more than thirty years from the date of the issue thereof; nor shall any issue of bonds or other instruments of any such indebtedness. be made after July 1, 1926, other than such bonds or other instruments of indebtedness in serial form maturing in substantially equal annual installments, the first installment to mature not later than five years from the date of the issue of such series, and the last installment not later than thirty years from the date of such issue; nor shall any such bond or indebtedness be issued or incurred until approved by the President of the United States. The legislature may by general act provide for the condemnation of property for public uses, including the condemnation of rights of way for the transmission of water for irrigation and other purposes. (Apr. 30. 1900), c. 339, § 55, 31 Stat. 150; May 27, 1910, c. 258. § 4. 36 Stat. 444; July 9, 1921, c. 42, § 302, 42 Stat. 116; Nov. 23, 1921, c. 134, § 3, 42 Stat. 223; June 9, 1926, c. 512, §§ 1, 2; 44 Stat. 710.)

Section 562 of Title 45 amended.−The provisions of Act of Apr. 30. 1900, as amended, constituting § 562 of Title 48 of the Code, has been again amended by Act of June, 1926, c. 312, §§ 1, 2, 44