LB 25 S9 H32 19P2 j TERRITORY OP HAWAII DEPARTMENT OF PUBLIC INSTRUCTION SCHOOL LAWS AND Laws Relating to Child Welfare PUBLISHED BY THE DEPARTMENT OF PUBLIC INSTRUCTION FEBRUARY, 1922 Cornell University Library LB 2529.H32 School laws and laws relating to child w 3 1924 013 001 635 SCHOOL LAWS AND LAWS RELATING TO CHILD WELFARE TERRITORY OF HAWAII 1. Department. There shall be an executive department to be known as the De- partment of Public Instruction, which shall consist of a Superin- tendent of Public Instruction and six Commissioners. (R.L. 1915, Ch. 24, s. 251.) (Whenever the Department of Public Instruction shall be satisfied that the charter of any literary institution has been violated it shall be the duty of the superinendent of said depart- ment to report such violation to the attorney general, and said attorney general shall take immediate steps to have such charter annulled. R. L. 1915, Ch. 181, s. 3307.) 2. Superintendent. 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. (R. L. 1915, s. 252,) 3. Commissioners; Appointment, Tenure. The Governor, in the manner prescribed in Section 80 of the Organic Act, shall appoint six competent persons to act as Commis- sioners. Two of such appointees shall be residents of the County of Hawaii, one of the County of Maui, and one of the County of Kauai. They shall be commissioned for terms of two years. In case of a vacancy among the Commissioners from any cause other than th^ expiration of the tenure of office, such vacancy shall be filled by appointment, and the term of office of such Commissioner shall be for the remainder of the term for which his predecessor was ap- pointed. (R. L. 1915, s. 253.) 4. Who Eligible. 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 three shall hold commissions at any one time. All Commissioners shall serve without pay, but shall be entitled to reimbursement for their neces- sary expenses incurred while attending meetings. (Act 51, S.L. 1915.) 5. Quorum. The Superintendent and three Commissioners, or, in the absence V\zz of the Superintendent, four Commissioners shall constitute a quorum for the transaction of business. At least one meeting shall be held in Honolulu during the months of December or January and July or August in each calendar year; such other meetings shall be held as may be necessary for the proper transaction of the business . of the department. (R. L. 1915, Act 11, S.L. 1917.) 6. Superintendent Presides. 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. (R. L. 1915, s. 256.) 7. Signs Drafts, etc., IVlakes Reports. Except as otherwise provided, the Superintendent shall sign all drafts for the payment of moneys, all commissions and appoint- ments, 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 trans- actions within his department during the year ending December 31 last preceding, together with such recommendations as he may think proper. (R. L. 1915, s. 257.) 8. Rules Regulations. The department may adopt rules and regulations not contrary to existing law, for the government of all teachers and pupils, and its officers, agents and servants and for the carrying out of the general scheme of education and for the transaction of its busi- ness, which when approved by the Governor and published, shall have the force and effect of law. (R. L. 1915, s. 258.) 9. Office. The department shall maintain an office at the seat of govern- ment, which shall be open for the transaction of business every day, excepting Sundays and holidays. (R. L. 1915, s. 259.) 10. Seal. The department shall adopt a seal, the impression of which shall be necessary to authenticate all its appointments, commis- sions, final acts of the nature of record, and all other documents issued by it. (R. L. 1915, s. 260.) 11. Records, Evidence. 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 at- tested by the Secretary under the seal of the department, shall be competent evidence of all it contains in any court. (R. L. 1915, s. 261.) 12. Appointment, Removal. 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. Provided, however, that the tenure of the office of a teacher shall not depend upon the number of pupils promoted or graduated, but shall depend solely upon the qualifications and ability of the teacher. No person, who shall have received a certificate from the de- partment of Public Instruction of the Territory of Hawaii to teach in any school in the Territory and who has been legally employed, shall be dismissed or dropped for cause from the service of the department without the opportunity of a trial and hearing had be- fore the Department of Public Instruction upon charges presented in writing by the Superintendent of Public Instruction, and a full and complete hearing had before the department, and for good and just cause. Any contract, the terms of which are contrary to the provisions of this section, shall be of no force and effect. (R. L. 1915, s. 262; Act 72, S.L. 1919; Act 151, S.L. 1919.) 13. Salaries. The salary of the various school teachers, servants and officers not especially provided by law, shall be such as may be from time to time allowed by the department. (R.L. 1915, s. 263.) 14. Secretary, Duties. 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 com- mittees, if so requested; carry on the necessary correspondence; and keep a true and accurate account of all the financial transactions of the department; and do and perform all other acts and things as ma,y 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 de- partment kept at its general office at the seat of government. (R. L. 1915, s. 266.) 15. Principals, Teachers. All schools shall be presided over by qualified teachers; pro- vided, however, that the department, in appointing teachers, shall, where the qualifications are equal, give preference to citizens of the Territory of Hawaii. If there shall be more than one teacher in any public school, one of them shall be designated by the depart- ment as Principal. (R. L. 1915, s. 267; Act 65, S.L. 1917.) 16. Supervising Principals. The Superintendent of Public Instruction, with the approval of the Commissfoners of Public Instruction, is authorized and directed to appoint in the several counties and city and county of the Terri- tory of Hawaii supervising principals for schools not to exceed the following numbers: County of Hawaii — Three supervising prlncitjals. County of Maui — Two supervising principals. County of Kauai — One supervising principal. City and County of Honolulu — Two supervising principals. The auditor of the Territory of Hawaii is directed to issue no salary warrants for supervising principals of schools in excess of the numbers above specified for each county and city and county. (R. L. 1915, ss. 268, 269.) 17. Care of School Property. It shall be the duty of the Board (of County Supervisors) to build, repair, equip, maintain and regulate school houses other than the Normal School, Lahainaluna School, the Boys' and Girls' Indus- trial schools, and the School for the Deaf and Blind. (R. L. 1915, ss. 302, 1503, 1654; Act 145, S. L. 1917.) 18. Use of School Buildings. The fullest freedom shall be given to citizens of the Territory of Hawaii to use for lawful purposes all public school buildings througn- out the territory during the hours such structures are not in use for strictly educational purposes; provided, howeper, that the person or persons vested with the proper authority by the board of supervisors, in whose jurisdiction any such building shall be, shall issue a permit to the applicant, when the proposed use is shown to be lawful by the said applicant. (R. L. 1915, s. 2216.) 19. Punishment of Pupils. Any teacher shall have power to administer necessary and reas- onable punishment upon any pupils while in attendance at schools, and shall not in any way be held responsible therefor. (Cutting the hair of a pupil is not a reasonable punishment, nor can that be done under either the Board of Health or the department of public instruction as a sanitary measure; if the hair is infected the pupil may be refused attendance until made decent, and its parent or guardian proceeded against under the provision tor enforcing attendance. (R. L. 1915, s. 270; 8 Haw. Rep. 54.) 20. Teachers' Convention. The department may establish and maintain one or more teachers' conventions or institutes, or it may authorize and permit their establishment by and among its teachers, and may direct and auth- orize the attendance of teaihers thereat, as a part of their duties, and may permit the closing of schools at specified limited times, in order to permit their attendance at such conventions or institutes. (R. L. 1915, s. 271.) 21. Public, Private Schools. All schools established and maintained by the department in ac- cordance with law are public schools. All other schools established and conducted in compliance with law are private schools, irrespect- ive of the hours during which the sessions shall take place. (R. L. 1915, s. 272; Act 23, S.L. 1920.) 22. Department Powers and Duties. The department shall have entire charge and control and be re- sponsible for the conduct of all affairs pertaining to public instruc- tion. 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 in- struction, board schools, evening as well as day schools. The de- partment 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 pur- poses. Provided, however, that the course of study and instruction in the first eight grades shall be so regulated that not less than fifty per cent of the study and instruction in each school day shall be devoted to the oral expression, the written composition, and the spelling of the English language. And provided further, that no per- son shall be graduated as a teacher from any normal class who is not a graduate of a high school, college, or one who has completed the secondary school course of the Territorial Normal and Training School; and provided further, that nothing in this section shall inter- fere with those attending the summer school. The department of public instruction shall have power to pre- scribe the manner and designate the places in which such pursuits shall be conducted, and also to determine the extent to which they shall be followed, either generally or to suit particular cases; sub- ject, however, to the provisions of Section 273 of this chapter (Ch. 24) in classes where the English language is a subject of study. (R. L. 1915, s. 273; Act 72, S. L. 1919.) 23. Tuition. There shall be no charge for tuition in any public school; pro- vided, however, that the department may in its discretion establish, maintain and discontinue select schools, taught in the English lan- guage, at a charge of such tuition fees for attendance as it may deem proper; provided, however, that such select schools shall be estab- lished 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. (R. L. 1915, s. 274.) 24. Private Schools, How Established. Any person or persons desiring to establish a private school within the Territory of Hawaii shall, prior to the establishment thereof, make application in writing to the department, which ap- plication shall be signed by the applicant or applicants, and shall state in substance (1) the name or names of the persons desiring to establish such schools, (2) the proposed location thereof, and (3) the course of instruction and the language in which such instruc- tion is to be given. Upon the receipt and approval of the application, the department shall issue to the person or persons applying therefor a permit in form to be by it approved, authorizing the establishment of such school; and no private school shall be established within the terri- tory except in conformity with this chapter. Attendance at any school established or maintained without com- plying with the terms hereof shall not be considered attendance at a public or private school within the meaning of this chapter. All persons conducting schools within the territory other than public schools shall on before the first day of Ocltober, 1921, file with the department a statement in writing signed by the person or persons conducting such school, showing (1) the name or names of the persons in charge thereof, (2) the location, (3) the course of, instruction and the languages in which such instruction is given. Upon the receipt of such statement and approval py the depart- ment of the course of study and instruction given, the department shall issue to the person or persons in charge of said school a certi- ficate in form to be by the department of public instruction pre- scribed, recognizing such school as a private school within the meaning of this chapter. The department may from time to time require I'egulaTly established private schools to submit reports in such form as it may deem proper. Failure to comply with the pro- vision hereof shall constitute an offense punishable upon convic- tion by a fine not exceeding ten dollars for each offense. (R. L. 1915, s. 275; Act 75, S. L. 1917; Act 21, S. L. 1920.) 25, Supervised by Department. 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 regula- tions of the department as from time to time promulgated with re- gard to sanitary condiions and hygiene. (R. L. 1915, s. 276.) 26. English Language Basis of Instruction. The English language shall be the medium and basis of instruc- tion in all public and private schools within the territory; and any school where English is not the medium and basis of instructilon shall not be recognized as a public or private school within the pro- visions of this chapter, and attendance thereat shall not be consid- ered attendance at school in compliance with law. Provided, how- ever, that the Hawaiian language shall be taught in addition to the English in all normal and high schools of the territory, and that, where it is desired that another language shall be taught in addi- tion to the English language, such Instruction may be authorized by the department by direct order in any particular instance. Pro- vided further, that instruction in such courses shall be elective. (R. L. 1915, s. 277; Act 191, S.L. 1919.) 27. Foreign Language Schools. The term "foreign language school" as used in this Act shall be construed to mean any school which is conducted in any language other than the English language or Hawaiian language, except Sab bath schools. The word "Department" shall mean the department of public instruction of the Territory of Hawaii. No person shall conduct a foreign language school in the terri- tory of Hawaii unless and until he shall have first applied to and obtained a permit so to do from the department of public instruction of the territory. No person shall teach in a foreign language school unless and until he shall have first applied to and obtained a permit so to do from the department, and this shall also be construed to Include per- sons exercising or performing administrative powers at any school. No permit to teach in a foreign language school shall be granted unless and until the department is satisfied that the applicant for the same Is possessed of the ideals of democracy, knowledge of American history and institutions, and knows how to read, write and speak the English language. Provided, however, that the provision concerning knowledge of the English language shall be liberally construed during the two years after this Act , (Act 30, S.L. 1920) goes into effect; it being understood that it would be difficult within that time to secure teachers fully qualified under this section and at the same time qualified to teach a foreign language. And provided, further, and it is hereby declared that the object of this Act is to regulate and not to prohibit the conducting of foreign language schools and the teach- ing of foreign languages, but to regulate the same so that the Ameri- canism of the pupils may be promoted, and the department is hereby directed to carry this Act into effect in accordance with the spirit of this declaration. Before issuing a permit to conduct a foreign language school or to teach in such a school the department shall require the applicant for such permit to sign a pledge that the applicant will, if granted a permit to conduct or teich in such a school, abide by and observe the terms of this law and the regulations and orders of the depart- ment, and will to the best of his ability so direct the minds and studies of pupils in said school as will tend to make them good and loyal American citizens and will not instruct or permit said pupils to receive instruction in said school in any way inconsistent there- with. No foreign language school shall be conducted in the morning before the school hours of the public schools or during the hours while the public Schools are in session. Nor shall any pupil attend a foreign language school for more than onti hour each day nor ex- 8 ceeding six hours in any one week, nor exceeding thirty-eight weeks in any school year. Provided, however, that the department may, in its discretion, with the approval of the governor, modify the terms hereof if it deems it can do so consistently with the declared object of this Act. The department shall have full power from time to time to prescribe the course and courses of study and the text books to be used in any foreign language school, and no other course of in- struction or text books shall be used in such schools except the ones prescribed by the said department. No books used in any for- eign language school shall be furnished at the expense of the depart- ment. If the department shall at any time become satisfied that any holder of a permit to conduct a foreign language school or to teach therein does not possess the qualifications herein, required, or shall have violated or failed to observe any of the provisions of this Act, or of the regulations or orders of the department, the department may then and thereupon revoke the permit theretofore granted and the same shall thereupon be and become null and void. Provided, however, that before so doing, the department shall first notify the holder of said permit to show cause why such action should not be taken and shall give such holder full opportunity to be heard in defense. The decision of the department shall be final. Any person who shall conduct a foreign language school, or who shall teach in a foreign language school, contrary to the provisions of this Act, or who shall violate any of the terms thereof or of the regulations or orders of the department, shall be guilty of a mis- demeanor and upon conviction thereof, punished by a fine not to exceed twenty-five dollars ($25.00). Each day's violation of this Act shall be deemed a separate offense. (Act 30, S. L. 1920.) 28. Qualifications of Teachers. No person shall serve as a teacher in any school without first having obtained a certificate from the department of public instruc- tion, which certificate shall be issued, without cost to the teacher, in such form as the department shall determine. Before issuing a cer- tificate to any teacher, the department shall satisfy itself that such teacher is possessed of the ideals of democracy, knowledge of American history and institutions, and knows how to read, write and speak the English language; provided, however, that the provision concerning knowledge of the English language shall be liberally con- strued during the two years after this Act goes into effect. For the purpose of this Act the word "teacher" shall be construed to include also persons exercising or performing administrative pow- ers or duties at any school. The word "school" shall be construed to include every school, whether under government supervision or otherwise, except Sabbath schools which convene once each week 9 The department may revoke any such certificate after issuance thereof when satisfied that the holder thereof does not possess the ideals or knowledge mentioned in Section One of this Act, but in such case the holder of the certificate shall first he given full oppor- tunity to justify the holding of the certificate. Whoever shall serve as a teacher, without holding an unrevoked certificate issued hereunder, shall be punished by a fine not exceed- ing twenty-five dollars ($25.00). (Act 36, S. L. 1920.) 29. Attendance Compulsory; Exceptions. The attendance of all children from six to fifteen years of age, at either a public or private school, is obligatory, and it shall be incumbent upon all parents, guardians and others having the re- sponsibility and care of children of such ages, to send them to some such school; provided that when a child has reached the age of twelve years and has not completed the fourth grade of the primary school, he shall be eligible for instruction only in an Industrial school or vocational school, provided there is such a school within four miles of his home or suitable transportation to such a school has been provided; and provided, also, that such attendance shall not be compulsory in the following cases: First. Where the distance to the nearest school exceeds four- miles and no suitable transportation is provided. Second. When such child shall be physically or mentally unable to attend school, of which fact the certificate of a duly licensed physician shall be sufficient evidence. Third. When a competent person is employed as tutor in the family wherein such child resides and proper instruction is thereby imparted. Fourth. When any child of not less than the age of thirteen years shall have passed the required examinations of both primary and grammar school grades, as such requirements shall from time to time exist, provided he shall be suitably employed. Fifth. When any child of nqt less than fourteen years of age is suitably employed under the direction of his parent or guardian.. Sixth. Where upon investigation by the juvenile court, when feasible, or by the district magistrate, it has been shown that for any other reason the child may properly remain away from school. (R. L. 1915, s. 286.) 30. Penalty. If any child of school age shall persist in absenting himself or herself from school, any district magistrate shall, upon a proper com- plaint being made by the school teacher or any other officer or agent of the department, or any deputy sheriff, or police officer, or any other person, cause such child, and the father or mother 10 guardian or other person having the charge of such child, to be summoned to appear before such magistrate, and upon its being proved that the person responsible for the child has not used proper diligence to enforce the child's regular attendance at school, such responsible party shall be punished by a fine in a sum not less than five (5) and not exceeding fifty dollars ($50.00), or by imprisonment for not more than two months. In case the child shall prove the offending party, the magistrate shall send him or her to a reforma- tory or industrial school for a term of not less than six months or ' more than two years, or otherwise sentence him or her to a fine not exceeding five dollars ($5.00); provided, however, that the pro- visions of this section shall not apply to any child not liable to com- pulsory attendance at school. (R. L. 1915, s. 287; Act 92, S. L. 1915.) 31. Duties of Deputy Sheriff. It shall be the duty of each deputy sheriff, or such police of- ficer as he shall designate, to visit not less than once a week each public and private school in which English is the basis of education, within the district of which he is deputy sheriff, to ascertain from the teacher or officer or agent in charge thereof what children, if any, of school age persist in absenting themselves from such school. It shall further be the duty of such deputy sheriffs and police 'officers to require all children of school age, in accordance with the provisions of Section 287, to attend school whether or not complaint is made by any teacher, officer, or agent of said department. The sheriff of the city and county of Honolulu shall upon nomi- nations by the judge of the juvenile court of the first judicial circuit, appoint not less than three truant officers who shall act under the direction of said judge, and shall be charged with the enforcement within the district of Honolulu of Section 286, 287 and 288 of the Revised Laws of Hawaii, 1915, as amended. (R. L. 1915, s. 288; Act 92, S. L. 1915; Act 40, S. L. 1917; Act 97, S. L. 1917'; Act 210, S L 1921.) 32. School Districts. For the better control and mana,gement of the public schools, the department is authorized to designate school districts, to establish their boundaries, and to alter the same from time to time as in its discretion it deems most advisable. These districts shall be so ar- ranged that there shall be no unassigned locality. (For description of districts see Chap. 14, R. L. 1915, as amended by Act 24, S L 1921.) 33. Attend School in What District. All persons of school age shall be required to attend the school of the district In which they reside, unless it shall appear to the department to be desirable to allow the attendance of pupils at a school in some other district, in which case the department or school 11 agent of that district may grant such permission. (R. L. 1915, s. 290.) 34. Record of Pupils. The teachers of all schools, either public or private, shall keep a correct register of the names, sex, age and nationality, as far as ascertainable, date of entering the school, and the places of residence of the children attending their respective schools, and no teacher of any school shall grant a release to any child under fifteen years of age, who shall be registered as attending his school, for the purpose of attending another school, unless the consent and approval of the parents or guardians of such child shall be given in writing to the teacher, or unless authorized to grant such release by the juvenile court of the district for good reasons shown to its satisfaction. In every such case a certificate in writing shall be granted to the teach- er, setting forth the facts in the case. The register shall be care- fully preserved, and as often as the department shall direct, the register or a true copy thereof shall be filed in the office of the de- partment. . The department shall in all public high schools require each pupil to present such evidence as it shall in its discretion deem suf- ficient to establish the fact that the pupil is a citizen of the United States of America and bears no other allegiance or is not a citizen of the United States of America, as a condition precedent to the re- ceipt of a certificate of attendance or of graduation. (R. L. 1915, s. 291; Act 27, S. L. 1920.) 35. Transfer to Another School. No teacher of any school, either public or private, shall receive into his school any child under fifteen years of age, who shall have attended another school of the same class in the same district, un- less such child shall produce to the teacher of the school to be en- tered, a certificate of release signed by the teacher of the school last attended by the child. If such child apply to attend a school of higher grade, a certificate of proficiency shall be required or a lawful excuse for its absence; provided, that the children from one district desiring to enter a school in another district, may be received or admitted upon producing a certificate of release from the school last attended in such other district. The teacher of any such school who shall violate any of the provisions of this or of Section 291 shall, upon conviction thereof, be subject to a fine not exceeding ten dol- lars for each offense. (R. L. 1915, s. 292.) 36. Text Books. The department shall furnish all necessary books required for the use of pupils in their respective grades, charging therefor their cost price. All pupils, must be supplied by their parents or guardians, or other persons having the custody or care of such pupils, with books requisite for their use. And in case pupils shall not be so 12 snppUed, the department may furnish sach books, and reqntre the parents or gnardians to make payment therefor. If such payment shaU not be promptly made it shaU notify the tax assessor ot the district in which the school i-= located, who shall enter the amount due as a portion of the tax to be collected of such parents or guard- ians, and the payment of such air.cjnt, togetber with Interest and costs, shall be enforced a= in the ca.=e of deUnqnent taxes. In cases of extreme porerty, the cost of aU books may be remitted by the department; prorided, that in such cases the use only of such books shall be authorized, and ^her. the pupils shall hare finished the use of the same, the books shall l>e returned to the department. AU moneys rece:Te;.i 1>. S *es err P.,b c Lands. ^VheneTer a site ior a school honse or ian^ for other e^i'ication.il purposes, as provided by law. sh&i! "oe required, and the aame can b^ icaited ipcn n iblic land, the commiasioner of pnb!;c lands, upon the reccmmenciiii.ji of the department and approval of the gov- emor, maj set apart sufficient lind for such pt:rv,se Trithotit «Mn- I>eiisatioE: and thereupon the commissioaer of ptsb!ic land=, sball be reIieT-e 35. Purposes fc- Ta^ ng P' /ste Property. Prirate property m^y be t_ai:en for the foiloTrin? purposes. ?rhiek are declared to be public ise?. to-wit: sites f«w pobUc b-iiidings schools and school recreation er^t^nds (E. I. 1S15, g. ^>:2 13 40. Maintenance of Public Schools; Saiary Schedule. The salary schedule fixing the pay of teachers, principals and supervisors heretofore adopted by the department of public instruc- tion on December 7 and 8, 1920, which was approved by the ;;overnor and duly published, or any amendment made thereto in the Regular Session of 1921, by Concurrent Resolution, is hereby adopted and approved as the salary schedule for the years 1922 and 1923, and all such teachers, principals and supervisors shall be paid accordingly. The total number of teachers, exclusive of supervisors, principals of schools with seventeen or more assistants, and vocational teachers who may be continuously employed by the department in any one year, shall not exceed one for every thirty-five pupils of compulsory school age enrolled in the public schools at the time of the highest enrollment during the preceding year, plus an estimated increase of not more than 7.5 per centum in such enrollment after September first of the current year; it is provided, however, that the monthly pay roll of teachers, supervisors and principals shall not exceed $4.50 per capita of the number of pupils of compulsory school age en- rolled, plus those over the school age attending public high schools, as estimated above. And the treasurer of the territory, in making up his estimates of funds necessary to be raised out of the real and personal property taxes to meet such monthly pay roll, shall take into consideration the estimated increase of not more than 7.5 per centum in the enrollment, as aforesaid, after September first of the current year and the consequent increase in the number of teachers and in the amount of said pay roll which will be necessary. 41. School Budget. Prior to December 15, 1912, and every second year thereafter, the department shall prepare a budget, to be known as the school budget, showing the estimated expenses, other than salaries of teach- ers, supervisors and principals, of the public schools and of such department for the next ensuing biennial period. Such budget shall be in the following form: General Fund. Salary of Superintendent Salaries of Office Force General Expenses Supplies Books and Libraries Industrial and Manual Training Special Schools Special Fund. County or City and County. Hawaii. Maui. Honolulu. Kauai. New buildmgs, additions and improvements $ $ $.... $ Repairs and maintenance 14 Janitors' salaries Supplies Furniture Toilets New grounds $ I. The total sum of $ as set forth above for new buildings, additions and improvements shall be allotted by districts during the biennial period ending December 31, 19 . . . as follows : County of Hawaii: Hilo District Puna District Hamakua District Kona District Kau District Kohala District Total, County of Maui: Lahaina District Wailuku District Makawao District Hana District Total, City and County of Honolulu: Honolulu District Koolaupoko District Koolauloa District Waialua District Waianae District Ewa District Total, County of Kauai: Waimea District Koloa District Lihue District Kawaihau District Hanalei District Total, 42. Revision of Budget. Not later than December 15, 1912, and every second year there- 15 after, such budget shall be submitted by the Superintendent to a committee of estimates consisting of the treasurer of the Territory, who shall be chairman, the superintendent of public instruction, the mayor of the city, and county of Honolulu, and the chairmen of the boards of supervisors of the several counties. Such committee shall meet in Honolulu at the call of the chairman, and shall con- sider such budget. It may, in its discretion, revise or change any item appearing under the general heading "Special Fund," but it shall not change any item appearing under the h«ading "General Fund." The members of such committee shall serve without pay, but shall be entitled to their actual traveling expenses, to be paid out of funds provided for the general expenses of the department. Not later than January 15, 1913, and every second year thereafter, such budget, as revised by the committee of estimates, shall be sub- mitted to the governor of the territory, who shall submit' the same without change, but with his own recommendations to the legisla- ture within ten days after the opening of its next regular session. In case the. committee of estimates fails to act upon the school budget within the time above specified, the superintendent of public instruction shall submit the budget, as prepared by the department, to the governor as aforesaid, and he shall as aforesaid submit the same to the legislature. Such budget, when acted upon by the legislature, shall determine the amounts which may be expended for such purposes during the succeeding biennial period. 43. Disposition of School Tax. All revenues, derived from time to time from the collection ' of the school tax levied under the provisions of section 1225, shall be deemed to be and are appropriated for the payment of the salaries of teachers, supervisors and principals, as determined by the salary schedule, and for the support and maintenance of the public schools within the county or city and county where such taxes are collected, for the objects and in the manner designated in the school budget approved by the legislature, which are made the first charge upon such revenues. 44. Additional Funds. From the taxes on real property and personal property there shall be raised and set aside in special funds and used exclusively for the purpose as provided in sections 1236 and 1299, or otherwise, such amounts as shall be necessary to provide sufficient additional funds to meet the requirements of said salary schedule and said budget. In order to enable the treasurer to determine the additional amounts required under this section, the superintendent of public instruction shall notify him in writing, when thereunto requested by him and in any event not later than fifteen days after the day as of which property is assessed for taxation, of the total number of teachers, supervisors and principals required for the year, beginning on said day as of which property is assessed, and the total amount required to pay their salaries during such year in accordance with said salary schedule. 16 45. Use of Funds. The treasurer of the territory shall pay over to the treasurers of the several counties and the city and county of Honolulu, as the case may be, the amounts received by him from time to time for all of the items of the "Special Fund" of said school budget, as provided by law. Such amounts shall be set aside and held as special funds by the treasurers of said counties and city and county and used exclusively for the respective purposes specified in said "Special Fund," as approved by the legislature from time to time. All new buildings erected by said counties and city and county with moneys covered by said "Special Fund" shall be subject to the ap- proval of the department of public instruction as to size, arrange- ment, dimensions, lighting of rooms and sanitary conveniences. The amounts of all items under the "General Fund" of the school budget shall be expended under the direction of the department of public instruction. (R. L. 1915, ss. 298-302; Acts 62, 114, S. L. 1917; Act 245, S. L. 1921.) 46. Expenditure of Public iVIoneys. No expenditure of public money, except for salaries or pay of officers or employees, or permanent settlements, subsidies or other claims or objects for which a fixed sum or sums must be paid by law, or for other purposes which do not admit of competition, or for the purchase of materials or supplies from any other department, bureau, organization, or municipal or political subdivision of the federal, territorial, municipal or county governments, or for the performance of public work or contracts by any other such depart- ment, bureau, organization, or municipal or political subdivision of the federal, territorial, municipal or county governments, where the sum to be expended shall be one thousand dollars or more, shall be made, except under contract let after public advertisement for sealed tenders, in the manner provided by law; and no expenditures lor public purposes shall be so divided or parceled as to defeat or evade the provisions of this section; provided, however, that expen- ditures may be made, with the approval of the board of supervisors, in the case of a county or city and county, or of the governor, in the case of the territory, in excess of such sum without so contract- ing, when the work to be done is of such a nature that its extent and character cannot be known or specified beforehand with reason- able certainty or when no tender is received in response to such advertisement. (R. L. 1915, s. 1418; Act 6, S. L. 1918; Act 248, S. L. 1921.) 47. Cash Basis Fund. The treasurer of the territory is hereby authorized and directed to create and maintain a permanent revolving fund to be known as the school cash basis fund for the purpose of putting and keeping the current expenses of the department, including the pay of teach- ers, supervisors and principals, on a cash basis. For this purpose he shall in the years 1922, 1923 and 1924 insert in the annual tax 17 rate a sufficient fractional rate per cent to produce annually the sum of two hundred thousand dollars ($200,000.00). Said sum of two hundred thousand dollars ($200,000.00) so collected shall be annually set aside and placed in the school cash basis fund until the accumulated amount in said fund shall be six hundred thousand dollars ($600,000.00). All moneys in said school cash basis fund shall he available for the current expenses of the department of public instruction, including the pay of teachers, supervisors and principals, until such time as the amounts regularly appropriated for such purposes are available. All moneys disbursed from said school cash basis fund in pay- ment of the current expenses of the department as provided by section 3 of this act shall be returned thereto from the semi-annual tax collections for school purposes. (Act 27, S. L. 1921.) 4S. Agricultural and Industrial Pursuits in Schools. It shall be lawful for the department of public instruction to include agricultural and industrial pursuits among the branches of instruction taught by the public schools of the territory. The department of public instruction shall have power to pre- scribe the maner and designate the places in which such pursuits shall be conducted, and also to determine the extent to which they shall be followed, either generally or to suit particular cases, sub- ject, however, to the provisions of section 273 of this chapter in classes where the English language is a subject of study. (R. L. 1915, ss. 304, 305; Act 72, s 3, S. L. 1919.) 49. Using Public Lands. For the purpose of this chapter it shall be lawful for the de- partment of public instruction after due notice to the commissioner of public lands, to use free of rent, as much of any government land^ not otherwise employed, as shall be advantageously cultivated by the teachers and pupils of any public school, and the teachers and pujpils aforesaid shall have the right to continue to cultivate such govern- ment land so long as the same shall not be otherwise disposed of by the commissioner of public lands, or otherwise ordered by the de- partment; and in case of disposal of the same by the commissioner of public lands sufficient notice shall be given to enable the removal of improvements, and the gathering of growing crops, without loss to the owners thereof. Whenever it shall deem the same desirable the department may also acquire, on such terms as may be agreed upon, land other than government, that may be advantageously employed for the purposes herein stated. (R. L. 1915, ss 306, 307.). 18 50. Profits From Industrial and Manual Training in the Public Schools. All net profits arising from agricultural and Industrial pursuits, under this chapter (Ch. 27, R. L. 1915), at any school, shall, under the rules of the department of public instruction, be used by said school for the purposes of equipment and material, not otherwise provided for in the school budget, which shall be of general benefit to the pupils; or said profits may, in the discretion and under the rules of said department, be distributed among the pupils actually ehgaged in such pursuits. The provision of this section shall not apply to schools otherwise specifically regulated by law. The de- partment of public instruction shall provide for the keeping of simple books of account showing the source and distribution of the money resulting from the operations carried on pursuant to sections 304 and 308, R. L. 1915, and for the auditing of such books of account Sit least quarterly. (R. L. 1915, s. 308; Act 200, S. L. 1921.) 51. Public School Laws Relate to This Chapter. All laws for the government, discipline and welfare of the public schools of the territory shall in their operation be construed to include the enforcement of the provisions of this chapter in re- lation to agricultural and industrial pursuits in said schools. (R. L. 1915, ch. 27, s. 310.) 52. Medical Supervision. The teachers and scholars in all public schools throughout the territory shall provide themselves, within fourteen (14) days after the opening of the annual school term, with certificates signed by some licensed and competent physician, as to their freedom from any contagious, infectious or communicable disease. Such certificates shall be upon forms apporved by the Board. Physicians appointed by the Board will visit each school in their district for the pur- pose of making the necessary examinations of those not provided with certificates. Said certificates shall be renewed each year, and for the pro- tection of the public health a certificate shall be required as a condition of connection with a stay in school. (Sanitary Code s 126.) ' ' 53. To Prevent Tuberculosis and the Spread Thereof. No person who shall have contracted tuberculosis shall, while afflicted with such disease, be allowed to teacb in any public or private school. (R. L. 1915, ch. 68, s. 949.) 54. Holidays. The following days of each year are set apart and established as territorial holidays, to-wit: The first day of January. 19 The twenty-second day of February. The thirtieth day of May. The eleventh day of June, to be known as Kamehameha Day. The Fourth day of July. The first Monday In September, known as labor day. ' The third Saturday in September, known as Regatta day. The eleventh day of November, known as Victory day. The twenty-fifth of December. All election days, both primary as well as general, in such county or city and county wherein such election is held. And any day designated by proclamation by the President of the United States as a day of thanksgiving, fasting or religious observance, or designated by proclamation by the Governor of the territory as a holiday, shall be a territorial holiday. (R. L. 1915, s. 137; Act 20, S. L. 1915; Act 54, S. L. 1919.) 55. Teachers' Pensions. Section 1. The superintendent and the commissioners of public •instruction shall constitute a board of trustees who shall have full control and management of the fund created by thi^ Act. The superintendent shall be chairman of said board. The secretary of the department of public instruction shall be the secretary of said board and shall keep, in a separate book, a true and correct account of all the proceedings of said board. The attorney general of the Territory of Hawaii shall be the legal adviser of said board, and shall attend to all legal matters arising out of the control and man- agement of said fund. The treasurer of the Territory of Hawaii shall be the treasurer of said board. The auditor of the Territory of Hawaii shall audit all accounts of said fund and shall draw all warrants payable from said fund, which warrants shall be drawn only upon the order of a majority vote of said board, which order shall ■ be certified by the chairman and secretary of the board. All pensions shall be paid in equal monthly installments aggregating in total the amount of pension granted under this act. Section 2. The bonded government officials herein named and to whom are assigned duties to be performed in carrying out the intentions of this Act shall be liable upon their official bonds for the faithful performance of the same. Section 3. There shall be set apart in the treasury of the Territory of Hawaii a special fund for the purpose of this Act, which fund shall be known as the Teachers' Pension Fund and which shall consist of the following moneys with interest or income thereof: 1. Two and one-halt per cent of the school tax collected in the Territory of Hawaii. One-half of this amount, or one and a quarter per cent of the school tax collected, shall, when paid into the treasury, be set apart semi-annually by the treasurer as a special fund for the purpose of this Act. 20 2. All donations, legacies and gifts which shall be made to this fund shall, when paid into the treasury, be set apart by the treasurer as a special fund for the purpose of this Act. 3. One per cent per annum of the respective salaries paid to inspectors, principals, teachers and special teachers regularly em- ployed in the public schools of this territory shall, when paid into the treasury, be set apart by the treasurer as a special fund for the purpose of this Act, except that no deduction shall be made from the salary of any of the aforesaid employes unless authorized by his or her written consent to the same. 4. All moneys which may be obtained from other sources or by means duly and legally devised by said board, or with their consent, for the increase of said fund shall, when paid into the treasury, be set apart by the treasurer as a special fund for the puropse of this Act. 5. The treasurer shall keep all funds, over and above the amount required for the payment of pensions under this Act, in- vested in interest-bearing bonds Issued by the Federal Government, the Territory, or any subdivision thereof, or shall deposit same at interest in any savings bank or savings banks doing business with- in the territory. Section 4. The department of public instruction ih making pay rolls for inspectors, principals, teachers' and special' teachers herein- before mentioned shall deduct semi-anniially in the months of November and Slay from the salary of each of the said' employes (Who has so signified his consent in writing. Which consent shall be deemed an application for pension), a sum equal to one-half of one per cent of his or her annual salary, and shall certify the amount of such deductions and the names of such persons from whose salaries such deductions have been made; and such certificates shall accompany the said pay rolls to the auditor of tlie territory, who shall draw a warrant for the amount of such deductions, so certified, payable to the treasurer of the territory, who shall hold the same subject to the disposal of the said board of trustees as hereinbefore specified. Section 5. The department of public instruction shall have power to retire from service any inspector, principal, teacher or special teacher who shall have served in such capacity or capacitifes in the schools of this territory for an aggregate period of twenty- five years, and such person so retired shall become a pensioner under this Act; provided twenty years of such service shall have been spent in the public schools of this territory. Each and every teacher in the public schools who has at any time taught in one or more of the recognized English schools of the Territory of Hawaii shall be allowed for the purpose of this Act one-half of the time spent by said teacher in the service of such private school. Section 6. Any inspector, principal, teacher or special teacher who shall have served in such capacity or capacities in the schools 21 of this territory, or elsewhere in the United States, for a period of thirty years, may voluntarily retire from service in the public schools and become a pensioner under this Act, provided twenty years of such service shall have been spent in the public schools of this territory. Each and every teacher of the public schools who has at any time taught in one or more of the recognized English schools of the Territory of Hawaii shall be allowed one-half of the time spent by said teacher in the service of such private school. Provided-, htowever, that every teacher claiming the right to participate in the benefits of this Act, either under this paragraph or under the last paragraph of Section 5 as herein set forth shall, in addition to the regu&T payment provided tor in Sections' 3 and 4 of this Act, pay into said teachers' pension fund an amount equal to' the sum of the payments (without interest) whi'ch would have been made by such teacher during the years for which credit is allowed at the rate of the salary at which such teacher enters the department. At the option of the teacher, which option must be expressed at the time application is made to participate in the benefits of this Act, the payment herein provided for may be made (a) in a lump sum at the timfe of and with the next regular payment; or (b) in a number of equal installments at the regular payment dates, calcu- lated by dividing the total payment due by the number of semi- annual payments between the date of the application and' the date at which such teacher, if continuing in the service of the depart- ment, would be entitled to receive such pension. Section 7. No pension paid under this Act shall exceed sixty per cent of the annual salary of the pensioner receiving it at the time of retirement from servicei nor shall any pension exceed the sum of six hundred dollars per annum; and further, all pensions at all times shall be at the same rate per cent of the salaries of the several pensioners at the time of retirement, except in cases whre the pension at that rate would exceed six hundred dollars per annum. If the amount of money contained in this fund shall become at any time inadequate to fully carry out the provisions hereinbefore men- tioned, and in case the Legislature of the territory fails to ap- propriate sufficient amount to make up such deficiency, then the trustees of said fund shall then pay pro rata to the pesrons entitled to participate in said fund such amount as in their judgment the condition of the fund will warrant, and such payment shall be in full of ail pensions then due under the provisions of this Act. Section 8. No person shall become a pensioner under this Act who has not contributed to the fund hereby created an amount equal to twenty per cent of his or her salary per annum at the time of retirement; but any such person, otherwise qualified who has been or who shall have been in the service of the department of public instruction prior to July 1, 1916, may become a pensioner under this Act by making a cash payment to the said fund at the time of retirement of such an amount as his or her previous contributions may have fallen short of the required twenty per cent of his or her salary per annum at the time of retirement, provided, however, 22 that such person become within one year from July 1, 1915, an applicant for pension as specified in Section 4. Any duly qualified person on entering the service subsequent to July 1, 1916, may be- come an applicant for pension, but such person must become an applicant within one year of entrance, or time of service, as affect- ing this Act will not be counted until such person becomes an actual applicant. Section 8A. Any teacher who has been in the service in Hawaii for 25 years or more at the time of the passage of this Act, and whose salary for five years before retirement has not averaged more than $600 a year, may, instead of making a cash payment to equal the amount short of the required 20%, as required by Section 8 of this Act, receive half of the pension, until such time as the remaining half equals the amount of the shortage, after which said teacher shall receive full pension. Section 9. If at any time any inspector, principal, teacher or special teacher shall be discharged or shall retire from the service before such person would under this Act be entitled to a pension, then such person shall be paid back one-half, without interest, of the money he or she shall have contributed to this fund. Should any inspector, principal, teacher or special teacher die before such person would under this Act be entitled to a pension, the widow, or children in their minority, shall receive the whole amount, without Interest, which shall have been paid into the said pension fund by such person. Section 10. No pension shall be paid from the fund created by this Act before July 1, 1916; but any person legally entitled to become a pensioner under this Act may retire or be retired from the service before that time and shall not be deemed to have for- feited his or her right to become a pensioner under the provision of this Act. (Act 114, S. L. 1915; Act 39, S. L. 1917; Act 163, S. L. 1919; Act 166, S. L. 1919; Act 165, S. L. l92l; Act 189, S. L. 1921.) 56. Pensioning of Teachers in Special Government Schools. All the provisions of Act 114 of the Session Laws of 1915, as now or hereafter amended, relating to the pensioning of teachers employed in the public schools of the territory, shall apply to all teachers employed in Lahainaluna School in the County of Maui, and in the boys' and girls' industrial schools in the City and County of Honolulu, and all teachers so employed in said special schools shall be entitled to be pensioned upon the same terms and to the same extent as though they were particularly mentioned In said Act 114. Every such teacher who shall hereafter claim the right to participate in the benefits of this Act shall, in addition to the regu- lar payment provided for in Sections 3 and 4 of said Act 114, pay into said teachers' pension fund an amount equal to the sum of the payments (without interest) which would have been made by such teacher if he or she had been an original beneficiary under said Act 114. At the option of such teacher, which option must be -23 expressed at the time application is made to participate In the bene- fits of this Act, the payments herein provided for may be made, (a) in a lump sum at the time of and with the next regular payment, or (b) in a number of equal installments at the next regular pay- ment dates, calculated by dividing t-he total payment due by the number of semi-annual payments between the date of such applica- tion and the date at which said teacher, if continuing in such ser- vice, would be entitled to receive such pension. (Act 169, S. L. 1921.) 57. Pension Exemptions. No pension to which any person is entitled from the Territory of Hawaii or any municipal subdivision thereof shall be subject to taxes, nor shall such pension be subject to garnishment, attachment or execution upon or in any suit, action or proceeding at law insti- tuted by any person or by the territory or by any municipal sub- division thereof. (Act 66, S. L. 1921.) 58. Teachers Exempt From Jury Duty. A person is exempt from liability to act as a juror if he is: A teacher in a university, college, academy, school or other place or institution of learning. (R. L. 1915, s. 2407.) 59. Children's Duties. It shall be the duty of all children within the years of legal majority, to obey all the lawful and moral commands of their parents, respecting first, as most obligatory, those of the father, and next, those of the mother; and, if adopted, as by law allowed, the lawful and moral commands of the parents by adoption; and, in default of natural or adopted parents, the lawful and moral commands of the guardians appointed according to law; and, in case of continued, wilful and obstinate disobedience on the part of a child, it shall be lawful for any district magistrate, upon complaint being made by any parent or guardian, to cause the said child to be arrested and brought before him; and should it appear to the said magistrate that such child is guilty of continued, wilful and obstinate dis- obedience, he shall sentence the said child to imprisonment at hard labor, for a term not exceeding ten days; provided, however, that no child under ten years of age shall be amenable to the provisions of this section. (R. L. 1915, s. 2997.) 60) Parents' Control and Duties. Parents, that is to say, first the father and then the mother,' or in case they be both dead, guardians legally appointed, shall have control over the actions, the conduct and the education of their children within the years of legal majority; they shall have the right, at all times, to recover possession of their children by habeas corpus, and to chastise them moderately for their good; and it shall be the duty of all parents and guardians to set a good example before their children; to provide, to the best of their ability, for their support and education; to see that they are in- 24 structed in a knowledge of the Christian religion; to use their best endeavors to keep them from idleness and vice of all kinds; and to inculcate upon them habits of industry, economy and loyalty; and it shall be lawful for any judge of any circuit court of this territory, on a complaint .being laid before him against any parent, to summon such parents before him; and, upon its being proved to his satisfaction, to bind out such child, within the years of legal majority, to some person of good moral character, to be well sup- ported, trained to good habits, and taught at least the rudiments of knowledge. (R. L. 1915, s. 2998.) 61. Ill-Treating Children. Any person who shall wilfully abandon or injure in health or limb any child under his legal control or shall neglect to provide such child with suitable or necessary food or clothing or shall cruelly or unreasonably strike, beat, flog or chastise any such child shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not exceeding two hundred dollars or imprisoned for a term not exceeding six months. Jurisdiction to hear and determine cases arising under the preceding section is hereby conferred upon district magistrates and upon circuit judges sitting as juvenile courts, with a right of appeal to a jury, as provided by law in cases triable before a district magistrate. (R. L. 1915, ss. 2999, 3000.) 62. C u rf ew Law. Any child under fifteen years of age who, except in case of necessity, or except when permitted so to do in writing by a judge of the juvenile court, shall go or remain on any public street or highway after eight o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person, shall be deemed a delinquent child and may be punished as by law provided. Any parent or guardian, having the care, custody and control of a child under fifteen years of age, who, except in case of necessity, shall knowingly and voluntarily suffer or permit such child to go or remain on any public street or highway, after nine o'clock in the evening and before four o'clock in the morning, unaccompanied by an adult person, shall be punished by a fine of not more than ten dollars or by imprisonment not exceeding twenty days. (R. L. 1915, ss. 3001, 3002; Act 44, S. L. 1915.) 63. School Children Prohibited In Certain Places. Any keeper of a coffee shop, ice cream parlor, victualling or billiard saloon, bowling alley, skating rink, theatre, showhouse, or premises in which any show, moving picture, or other like public entertainment shall be given, who shall permit any child under the age of fifteen years to be or remain upon such premises, or in such saloon, rink, theatre, show house or premises, or in whose premises such child may be found between the hours of eight in the evening 25 and six in the morning, unless such child shall be accompanied by his or her parent or guardian or some other adult person having authority over such child, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not to exceed one hundred dollars ($100.00). If any keeper or keepers of any of the public places enumerated in section 3003 shall find difficulty in clearing their premises of school children, the same may call in the assistance of the police, who shall first order all such school children to return to their homes; and, if such order be noi obeyed by the said children, the police shall proceed to apprehend all such children who shall not have proceeded to their homes, and cause them to be detained in the lock-up over night, to de brought before the district magistrate on the following morning, to be punished according to the provisions of the law relating to truancy. (R. L. 1915, ss. 3003, 3004; Act 44, S. L. 1915.) 64. Female Child Labor. No minor female child under the age of sixteen years shall be permitted to work in any mercantile institution, office, laundry, manu- facturing establishment, canning establishment, sugar mill, work shop, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, between the hours of nine o'clock in the evening and six o'clock in the morning. Any person who employs any such child at any of the aforesaid employments or occupations within the hours specified in the fore- going section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. (R. L. 1915, ss. 4197, 4198.) 65. Hours of Labor of Children. No person shall employ any child under the age of sixteen years more than eight hours in one day of twenty-four hours, or more than forty-eight hours in any one week, or before the hour of five o'clock in the morning or after the hour of nine o'clock in the evening. Any person who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment not exceeding thirty days, or by both fine and imprisonment. (Act 187, S. L. 1921.) 66. Juvenile Courts. For the purpose of this chapter, the words "dependent child" shall mean any minor who, for any reason, is destitute or homeless or abandoned or dependent upon the public for support or who has no 26 proper parental care or guardianship or whose home, by reasoiL o£ neglect, cruelty or depravity on the part of its parent, guardian or other person in whose care it may be is an unfit place for such child; and the words "delinquent child" shall mean any minor who violates any law of this territory or any city or county ordinance or who is incorrigible, vicious or immoral, or who is growing up in idleness or crime or who is an habitual truant from school or who habitually wanders about the streets in public places during school hours without lawful occupation or employment. Any dependent or delinquent child may be proceeded against in the manner hereinafter provided. Any evidence given in any cause as hereinafter provided shall not in any civil, criminal or other cause in any court be lawful or proper evidence against such child for any purpose what- exer except in subsequent cases against the same child under this chapter. Proceedings under this chapter shall not be deemed to be criminal proceedings and such proceedings under this chapter shall not prevent the trial by criminal procedure in the proper courts of children over fourteen years of age charged with the commission of a felony. (R. L. 1915, s. 2284, ch. 132; Act 9, S. L. 1917.) 67. Court of Domestic Relations; Probation Officers. The circuit court of the first circuit shall consist of not more than four judges, who shall be styled first, second and third judges, and the judge of the division of domestic relations, respectively, of the circuit court of the first circuit. There may be one or more sessions of the court at the same time, and each session may be held by one but not more than one of the judges, the judgments, orders and proceedings of any session held by any one of the judges shall be as effective as if only one session were held at a time. Unless a case under any of the following headings shall be especially assigned to one of the other judges, the jurisdiction of all actions included in Chapter 132, Revised Laws of Hawaii, 1915, and the amendments thereof, all cases of divorce, annulment of marriages, separation, separate maintenance, bastardy, desertion and non-support of wife or children, under Act 68 of the Session Laws of 1917, guardianship of minors, including appointment, re- moval and investigation of accounts, all cases involving alimony, the jurisdiction over delinquent and dependent children and jurisdic- tion of all oases of contributing to the dependency or delinquency of children, shall be exercised by the judge sitting in the division of domestic relations. This section shall not be a limitation upon the powers of the other circuit judges. Besides the power to appoint court officers incident to his duties as a circuit judge, the judge of the division of domestic relations shall appoint six (6) probation officers, as follows: One chief probation officer. 27 Four assistant probation officers, at least two of whom shall be women. One recorder and typist. Within the scope of their duties each of the said probation officers shall have the powers and privileges of a police officer. From and after July 1, 1921, and until this Act shall he made fully effective hy the appointment of the judge of the court of domestic relations, hereby created and provided for, the judge of the juvenile court of the first judicial circuit shall have and exercise the power of appointment of all such probation officers, assistant probation officers and other assistants authorized by this section. Any of the aforesaid probation officers, if in his judgment public interest requires it, may call upon the attorney general, or other prosecuting officer, to present evidence he may produce in any divorce proceeding, in order to investigate the same, or for the preparation of evidence. Nothing in this section shall be deemed to limit the power of the circuit judge under Section 9233 of the Revised Laws of Hawaii, 1915. (Act 183, S. L. 1921.) 68. Support of Children of Indigent, Widowed or Abandoned Mothers. In each county or city and county of the Territory of Hawaii there is hereby established and created a board to be known as the board of child welfare. The said board shall be composed of five members, three of whom shall be men and two shall be women, who shall be appointed by the governor, in the manner prescribed in Section 80 of the Organic Act. The judge or judges of the juvenile court or courts in each county and in the city and county shall be ex-officio mem- bers of the representative boards of each county and of the city and county. The members of said board shall hold office for the period of four years; provided, however, that on the first appointment of said board, the governor shall appoint two of the members of said board for four years, and the remaining members of the board for two years; and that thereafter all appointments shall be for four years. The members of the board of child welfare, as herein provided, shall receive no compensation for their services as members of such board, but they shall be entitled to the actual and necessary expenses incurred by them in properly discharging their official duties either while making investigations or otherwise, which shall be paid out of the funds of the respective counties or cities and counties available therefor. The said board as herein provided, shall as soon as is conven- ient after this Act becomes effective, organize and elect a chair- 28 man and appoint a clerk of the said board, who shall hold office subject to the pleasure of the said board. The said board may em- ploy such officers and employees as may be provided for by the boards of supervisors of the respective counties or cities and counties. It may establish rules and regulations for the conduct of its business which shall provide for the careful investigation of all applications for allowances or the adequate supervision of all persons receiving allowances, and may provide for the making of reports by the officers, employees and representatives of the board with respect to persons receiving allowances granted by the board. The said child welfare board shall report annually in detail to the board of supervisors of the respective counties or cities and counties the transactions of the board for the preceding fiscal year and if required by the boards of supervisors of the respective counties and cities and counties, mgre frequent reports must be given covering fractional parts of the year. The said , child welfare board shall prepare and submit to the boards of supervisors of the respective counties or cities and counties an estimate of the funds required to carry out the purposes of this Act, which said estimate shall be furnished to the said boards of supervisors at the semi-annual or annual meeting of said board when the semi-annual or annual budget or estimate of expendi- tures is prepared. A board of child welfare may in its discretion grant an allowance to any indigent pregnant woman, or to indigent children whose mother and/or father are deceased, or to any mother of one or more children who is a widow, or unmarried, or deserted by her husband, or whose husband is an inmate or patient of a territorial or other institution, or who for any reason satisfactory to the board is unable to procure or provide sufficient support for her children, providing the said woman, children or mother is or are resident in the county or city and county where the application is made and has or have, been so resident in such county or city and county for a period of one year immediately preceding the appli- cation. Such allowance shall be made by a majority of votes of the board and may be increased, diminished, or totally withdrawn in the discretion of said board. Before granting an allowance under the provisions hereof, the said board shall first determine that any such pregnant woman, making application for relief here- under, is actually in need of such relief either before or after the birth of her child and may administer such relief for such a period of time prior and subsequent to such birth and to such an extent as it shall deem advisable under the circumstances in each case; the said board shall also first determine in all cases where the application is made by or on behalf of children whose mother and/or father are deceased that such relief is actually necessary and that the home life and surroundings of such children are such as to make it reasonably certain that the said children will be the sole beneficiaries of the relief given; that the board shall also before granting any such allowance determine that the mother or person having the care and custody of such child or children is a suitable 29 person to bring up the said children, and that the granting of such allowance is necessary to enable such person to properly do so. Allowances granted by the said boards shall be paid out of any moneys appropriated by the boards of supervisors of the respective counties or cities and counties for such purpose and the boards of supervisors of the respective counties or cities and counties shall appropriate and make available for the said board of child welfare and shall include in the semi-annual budget or estimate of expendi- tures such sum or sums as may be necessary to carry out the pro- visions of this Act. Application for allowances under the provisions hereof may be made directly to the local board of child welfare by the mother applying for such allowance or by some suitable person acting on her behalf. Allowances made by the board shall be for a period of not more than six months, but may be renewed from time to time at the same or different amounts for similar periods or less, either successively or intermittently, and may be revoked in the discretion of the said board. The county attorneys or the city and county attorneys of the respective counties or cities and counties shall act as the legal advisors of the board in the respective counties, and whenever re- quested so to do by said boards in the case of any wife where hus- band has deserted her prosecute all legal methods to obtain the return of such husband, and shall also whenever so requested by said boards represent such wife and in her behalf prosecute any and all civil actions or proceedings to compel such husband to support his wife and children, and provided that in any civil action or proceeding so instituted the county or city and county attorney shall file his certificate setting forth that he represents such wife upon request of said board, in which case no costs of court shall be required to be paid by such wife. A board of child welfare may with the approval of the board of supervisors of the county or city and county employ a trained worker or nurse whose duty it shall be to assist the board in all matters pertaining to the administering of this Act, and to in- struct, counsel and aid all persons who may make application for relief hereunder. Any trained worker or nurse appointed pursuant to the provisions of this Act shall be paid such salary as the board of supervisors of the county or city and county may determine. The boards of supervisors of the respective counties or cities and counties are hereby authorized and empowered to appropriate from time to time such sum or sums as may be necessary to carry out the provisions of this Act including expenses for administration and relief, and no board of child welfare shall expend or contract to expend under the provisions of this Act or otherwise, any public moneys not specifically appropriated therefor as herein provided. Any person who shall procure directly or indirectly any allow- 30 ance for relief under the provisions of this Act, for or on account of a person not entitled thereto, or shall knowingly or wilfully pay or permit to be paid any allowance to a person not entitled thereto shall be deemed guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than $500 or by imprisonment for a period of not more than six months. (Act 129, S. L. 1919; Act 37, S. L. 1921.) 69. Dental Hygiene in the Public Scliools. The department of public instruction is hereby authorized and instructed to engage at. proper salaries dental hygienists to perform dental hygiene work in the public schools of the Territory of Hawaii, and a supervising dental hygienist to have general charge of ssVd work, such employment, however, not to begin prior to ^September, 1922. (Act 160, S. L. 1921.) 70. Psychological and Psychopathic Clinic. There is hereby created a psychological and psychopathic clinic which shall undertake to investigate the nature, causes, treatment and consequences of mental diseases and defect within the Territory of Hawaii. The management and control of such psychological and psycho- pathic clinic shall be vested in the board of regents of the Univer- sity of Hawaii. Said board of regents may employ a competent per- son or persons to have charge of such clinic, to conduct investiga- tions, to publish results of such investigations, and to give lectures and other forms of instruction pertaining to mental disease and de- fect; and no investigation shall be made, and no publication of re- sults of such investigations shall be made by said bureau, either in print or in form of lectures, without the approval of said board 'of regents. Such psychological and psychopathic clinic shall, subject to such regulations as may be made with the approval of the said board of regents, receive for observation or examination any person or per- sons, whenever such person or persons come at the request of the judge of the juvenile court, or of any other district, territorial or federal court within the Territory of Hawaii, or at the request of the superintendent or manager of the boys' industrial school, the girls' industrial school, the asylum for the insane, the department of pub- lic instruction, or any other public institution or organization within the Territory of Hawaii. And, subject to proper regulations, such bureau may also make investigations or examinations at the request of any private charitable or benevolent institution or organization, or of any parent or properly constituted guardian within the Territory of Hawaii. (Act 140, S. L. 1921.) 71. Fire Drills. The Insurance Commissioner, with or through other public officers upon whom any such duties are imposed, shall enforce all 31 laws and ordinances of the territory and political subdivisions thereof relating to the prevention of flres, etc.; to cause Are pre- vention to be taught in all public and private schools at least once each week and fire drills to be held in said schools at least once each month, and to require that all doors and exits in school and public buildings open outward and be kept unlocked while such buildings are occupied for school or public purposes. (Act 115, s. 49, 3(f), S. L. 1917.) Oificials and teachers of public or private schools or educational institutions are required to have one fire drill of all the pupils in attendance at such school or schools at least once each month. There shall be a fire gong which can be distinctly heard in every part of the school building, such gong to be used for no purpose other than for fire drills or in case of fire. All doors and exits shall open out, and all such doors and exits shall be unlocked during school hours. All theaters, churches, auditoriums, assembly halls, factories, asylums and all other places where persons live, work or congregate from time to time shall have ample exits, and shall have fire escapes where building is more than two stories high, which shall be lo- cated at opposite parts of such buildings in a manner that will permit the safe egress of all persons that are or may at any time be in such buildings, and all doors of such buildings shall open out and be unlocked at all times while such buildings are open to the public or private gatherings. Obstructions. Neither chairs nor other obstructions shall be permitted in the aisles of schools, theaters, churches, auditoriums, assembly halls, fac- tories, asylums or any other places where persons live, work or congregate for any purpose, and all aisles of such places shall be kept clear from any and all obstructions including the persons in attendance or other persons during the time such places are open to the public. All exits must be plainly marked by red light and the word "Exit", in such manner that same can be plainly discerned from every part of the room, hall or place. Fire Extinguishers. There shall be installed one approved chemical fire extinguisher for each two thousand five hundred (2500) square feet of floor space, or part thereof in each such building. Such extinguishers will be proportioned 50% two and one-half gallon type and 50% one quart type, all of which shall carry the label of the Under- writers' Laboratories, Inc. (R. & R. of the Fire Marshal Par. 5.) 32 72. Vacation of Public Employees. Whenever any employee working under a regular monthly salary in any department of the territorial, county and city and county government shall have been employed continuously for at least one year in the same department, he shall be entitled to at least three weeks vacation upon full pay for each year thereafter while he re- mains in the employ of such department; said vacation to be granted to the employee at such time as shall be designated by the head of the department. Said vacation may be cumulative, but shall not exceed a total of six weeks. (Act 199, s. 1, S. L. 1915; Act 153, S. L. 1917; Act 201, S. L. 1921.) 73. Display of United States Flag. The superintendent of Public Works is required, when suitable appropriations are made for such purpose, to provide each public school house and court house in the Territory of Hawaii with a suitable United States flag of bunting or cotton, and a suitable flag staff or other arrangement whereby such flags may be displayed. Such flags shall be placed by said superintendent in charge of either a public school teacher or a police officer whose duty it shall thereupon be to display such flags on the school or court house grounds on every school or court day when the weather permits, and on other days to display such flags inside the school or court houses. Such flags shall be replaced when necessary upon the return and condemnation of the old flags, but if any of such flags are negligently lost or destroyed, the teacher or police officer through whose fault such loss or destruction has occurred shall purchase from said superintendent a flag to supply the loss, and shall be allowed to purchase the same at its cost price. (R. L. 1915, chap. 47, s. 657.) 74. Board of Industrial Schools. There is hereby established and created a Board for the manage- ment and control of industrial and reformatory schools in the Terri- tory of Hawaii, which said Board shall be known as the Board of In- dustrial Schools. The said Board shall be composed of seven members, six of whom shall be appointed by the Governor in the manner prescribed in Sec- tion 80 of the Organic Act. The Judge of the Juvenile Court of the First Judicial Circuit shall be, ex officio, a member of said Board; provided, however, that in case the Judge of said Juvenile Court shall refuse to act as a member of said Board, the vacancy caused by such refusal shall be filled by appointment by the Governor, in the same manner as is provided for the filling of other vacancies. At least three of the members of said Board shall be women. The members of said Board shall hold their office for a period of four years; provided, however, that on the first appointment of 33 said Board, the Governor shall appoint three of the members of said Board for two years only, and the remaining members of said Board for four years. The said Board shall have the entire management and control of all public industrial and reformatory schools now existing in the Territory of Hawaii, or which may hereafter be established; and like management and control of all places of detention which may be used in connection with any of said schools. All powers now invested in the Superintendent of Public In- struction and the Commissioners of Education relative to indus- trial and reformatory schools in the Territory of Hawaii are hereby transferred to and vested in the Board hereby created, and all duties now by law devolving upon the said Superintendent of Public In- struction and the Commissioners of Education relative to said schools, are hereby devolved upon the Board hereby created. All un- expended balances of appropriations heretofore made, the expendi- ture of which is now by law vested either in the Superintendent of Public Instruction or the Commissioners of Education, are hereby transferred to the Board hereby created, and the expenditure thereof vested in said Board. The Board hereby created shall have power to make rules and regulations not contrary to law providing the method by which all funds appropriated for said schools shall be expended; providing for the organization of the Board by the selection of officers thereof; and providing for management and control of the schools and places of detention; and shall likewise have power to adopt such other rules and regulations not contrary to law as may be necessary to carry out the purposes of this Act. The Board hereby created shall have power to allow the pupils of the schools within their jurisdiction to engage in industrial, agri- cultural and mechanical pursuits under the direction and orders of individuals, partnerships or corporations doing business in the vi- cinity of such school^, or any of them, upon such terms as to re- muneration for such employm.ent as the Board shall deem proper; provided, however, that such employment shall in no case be allowed to interfere with the academic studies of the pupil so employed; and provided, further, that such employment shall always be under the direct supervision of the superintendent or teacher of the school to which the pupil so employed shall belong. All moneys, the net proceeds of the labor of pupils provided for under this Act shall be deposited by the Board in a special fund to the credit of the school by the pupils of which such earnings are made, or be deposited in a bank in trust for such pupil during his or her minority. The Board shall open an account with each individual pupil of such school on the books of the school and shall credit each such account with such portion of the special fund to be distributed as the Board may deem fair and just, considering all the circumstances of the case including services rendered either to the school or in the industrial, agricultural or mechanical pursuits referred to in Section 7A of this Act, the conduct of the pupil and the length of time such pupil shall have been an inmate of such school. 34 At any time during the residence of a pupil at the school, the superintendent may, for good cause to be noted by him or her in writing in the record of the pupil, allow the pupil to draw the whole or any part of the money then standing to his or her account, the receipt for any such money withdrawn to be countersigned by the superintendent. On the discharge of any pupil, the whole of the money then standing to the credit of such pupil on the books of the school shall be paid to him or her. It shall be the duty of the Board, during the month of January of each year, to file with the Governor a complete statement of the receipts and expenditures of said special fund. All moneys now in the possession or under the control of the superintendents, principals or teachers in the employ of the Board, the same being the proceeds of the labor of the pupils of schools under the control of the Board, and all moneys hereafter received for such labor performed previous to the date of the passage of this Act, shall immediately be transferred to the Board to be applied to said special fund or funds as provided in Section 7B of this Act. The members of said Board shall serve without compensation; but said members shall be entitled to reimbursement for actual ex- penses incurred in the performance of their duties. It shall be the duty of the Board to make annual reports to the Governor, covering the periods between the first day of January and the thirty-first day of December in each year. Such reports shall be submitted by the Governor to each session of the legislature. Said reports shall contain itemized statements of all moneys ex- pended by the Board; of all moneys received by the Board; the per- sons to whom said moneys have been paid; and the purposes for which the same shall have been paid during the period covered by the report. Such reports shall contain such further information rela- tive to the transaction of the Board, and the condition of the schools and places of detention within the jurisdiction of the Board as shall enable the Governor to be fully advised relative to all of the trans- actions of the Board. And it shall be the further duty of the Board to file with the Governor, at the times herein provided for the filing of reports, an inventory of all property belonging to the Territory used in connec- tion with said schools or places of detention, as provided for in Chap. 19 of the Revised Laws of Hawaii, 1915. On or before the fifteenth day of December, 1918, and every second year thereafter, the Board of Industrial Schools shall prepare and submit to the treasurer of the Territory a budget to be known as the industrial school budget, showing the estimated expenses, in- cluding the salaries of superintendents and teachers of all such in- stitutions as are or shall hereafter be placed under the control of the said Board. All appropriations for said Board and for the institutions under the control of the Board of Industrial Schools shall be made from 35 and out of any available moneys received from the general revenues of the Territory and not out of the special fund for the maintenance of public schools. (Act 81, S. L. 1915; Act 76, 1919; Act 70, 1917.) 75. Lahainaluna, Trade and. Vocational School. Lahainaluna school, situate at Lahaina, County of Maui, is here- by created and shall hereafter be conducted as a trade and voca- tional school, and shall be under the charge, management, control and supervision of the board of commissioners hereinafter provided for and hereby created. Such board shall consist of five members, one of whom shall be the commissioner of public instruction, resident in the county of Maui, who shall be ex officio chairman of said board, one shall be the chairman of the board of supervisors of the County of Maui, and three, who shall be residents of the County of Maui, and shall be ap- pointed by the Governor as provided in Section 80 of the Organic Act. At the expiration of the term of the appointed commissioners now holding office, one of the commissioners to be appointed here- under shall be appointed for one year, one for two years and one for three years, and all appointments to the board thereafter shall be for a term of three years. In case of a vacancy among the commis- sioners from any cause other than expiration of the tenure of office, such vpcancy shall be filled by appointment, and the term of office of such commissioner shall be the remainder of the term for which his predecessor was appointed. The commissioners shall serve with- out remuneration, except that they may be allowed their reasonable traveling and other expenses while proceeding to, attending and re- turning from attendance of meetings of the board or reasonably in- curred in the discharge of their duties. All powers now vested in the superintendent of public instruc- tion and the commissioners of education or other governmental au- thority relative to said Lahainaluna school are hereby transferred to and vested in said board of commissioners hereby created, and all duties now by law devolving upon said superintendent of public in- struction and the commissioners of education or other officer rela- tive to said Lahainaluna school are hereby devolved upon and vested in said board of commissioners hereby created. The board of commissioners shall have the power to appoint a treasurer and such other officers as they may deem necessary, and to require such treasurer or other officers to give bonds in such amounts as said board shall from time to time prescribe and in the form prescribed by law for bonds of public officers. The purpose of the school shall be to give such students only as can satisfy the board of their ability to speak the English or Ha- waiian language thorough instruction in agriculture, mechanical arts and the natural sciences connected therewith, including all the high school courses and such instruction in other branches of learning as said board and commissioners may from time to time prescribe. The faculty of the school shall be under the direction of a prin- cipal who shall be appointed by the board of commissioners. The members of the faculty shall be likewise appointed. 36 Moneys appropriated by the legislature for LaJiainaluna school as hereby constituted shall be payable by the territorial treasurer, upon warrants issued by the territorial auditor, upon vouchers sup- proved by said board of commissioners. Said board of commission- ers shall cause to be kept suitable books of account, and shall an- nually submit to the Governor, to be by him submitted to the legis- lature, a statement showing its receipts from all sources, and ex- penditures for all purposes. Said board of commissioners may adopt rules and regulations not contrary to existing law for the government of all teachers and pupils, for the carrying on of the school and the transaction of its business. The salary of the principal, teachers, servants and officers of the school shall be such as may be from time to time appropriated by the legislature. All Acts or parts of Acts inconsistent, or in conflict with this Act, or with any portion of this Act, either directly or by implica- tion, are hereby repealed. (Act 100, 1917; Act 207, 1921.) 76. Home for Feeble-Mi nded Persons. There is hereby created a board of commissioners for the home for feeble-minded, consisting of five members, to be appointed by the Governor as provided by section 80 of the Organic Act. The com- missioners shall select a chairman from among their own number, and shall serve without compensation. The commissioners shall hold office for three years; except when the board is first constituted, two members shall be appointed for three years, two for two years, and one for one year. Said board of commissioners shall have authority to establish and maintain a home for the feeble-minded, said home to be con- ducted on the "farm colony" plan; to erect suitable cottages or dor^ mitories, dining halls and kitchens, school rooms, workshops, bams, outhouses, and such other buildings as shall be found necessary or advisable; provided, however, that in effecting the organization of the home no expenditures shall be made nor any liabilities be in- curred without first having obtained the consent and approval of the Governor of the Territory of Hawaii. Said board of commissioners shall have authority to prescribe all rules and regulations for the management of the institution, to appoint a superintendent, who shall be qualified to assume the care and instruction of the feeble-minded, and all other officers, teachers, attendants, and other employees, to fix their salaries, to remove them for proper cause, and to perform such other acts as are neces- sary for the proper conduct and maintenance of the home. The following persons, if not insane, are held to be feeble- minded: Those that are so mentally deficient that they are incapable of managing themselves and their affairs independently, with or- dinary prudence or of being taught to do so, and who require super- 37 vision, control, and care, for tlieir own welfare, for the welfare of others, or for the welfare of the community. Any feeble-minded or epileptic person residing in the Territory of Hawaii is entitled to admission to the home for the feeble- minded, subject to the provisions of section 7 of this Act, and to such reasonable rules and regulations as may be made by the board of commissioners. Any person found by .a court of competent jurisdiction to be feeble-minded may be committed to said home, and all proceedings for the commitment, detention, parole, and release of feeble-minded persons shall be in the form and manner as now provided or shall hereafter be provided for the commitment, detention, parole, and re- lease of the insane, except as in this Act modified. A parent, guardian, or person liable for the support of any per- son committed to the home, as provided by section 6 of this Act, must pay such sums as are ordered to be paid by the court at the tim.e of commitment or at subsequent times. The board of commissioners shall have authority to enter into agreements with the parents or guardians of feeble-minded persons not committed to the home by a court, to assume the care, custody, and training of such feeble-minded perosns at the home, and to fix the rate that said parents or guardians shall pay for such care and training. The superintendent of said home may, when authorized by said board of commissioners, parole or discharge any inmate, if it ap- pears that said inmate will be properly cared for or that his deten- tion is no longer necessary for his own welfare or the safety of the public. The case of a dependent or delinquent child before a juvenile court may be adjourned if it appears to the court on the testimony of a qualified physician or psychologist or other evidence that the child is feeble-minded, and the court may commit the child to the home for the feeble-minded. On the conviction of a person of a crime, misdemeanor, or on a child being found liable to be sent to an industrial school or other institution, the court, if satisfied on the evidence of a qualified phy- sician or psychologist or on other evidence that the person or child is feeble-minded, may suspend sentence and commit said person or child to the home for the feeble-minded. (Act 102, S. L. 1919.) INDEX page Accounts, Bookkeeping ^° Adoption of Text Books ^2 Agricultural and Industrial Pursuits 17 Appointments, Removal Officers, Agents, Etc 3 Attendance Compulsory 9 Attendance of Pupils In Districts 10 Attendance When Not Compulsory '. 9 Board of Child Welfare 27 Board of Industrial Schools 32 Books, Adoption of 12 Books Furnished at Cost H Books Furnished Indigent Pupils - 12 Budget, Revision of —. 14 Care of School Property 4 Cash Basis Fund 16 Certificates, Issuing of 8 Certificates Revoked 9 Child Labor, Female 25 Child Labor, Hours of 25 Children, Duties of 23 Children, 111 Treating 24 Children of Indigent Mothers, Support of 27 Children Prohibited in Certain Places 24 Compulsoi-y Attendance 9 Commissioners 1 Commissioners, Who Eligible 1 Conventions, Teachers' — 4 Curfew Law 24 Dental Hygiene 30 Department 1 Department, Powers and Duties 5 Deptuy Sheriff, Duties of 10 Dismissal of Teachers 3 Domestic Relations Court 26 English Languag'e, Basis of Instruction 6 Expenditure, Public Moneys 16 Feeble-Mind ed Home , 36 Female Child Labor 25 Fire Drills 30 Fire Extinguishers 31 Flags for Schools 32 Foreign Language Schools 7 Funds, Additional 15 Funds, Use of 16 General Fund 13 Hawaiian Language in Normal and High Schools 6 Holidays 18 Home for Feeble-Minded Persons 26 Indigent Children, Support of 27 Indigent Pupils' Books Furnished 12 Industrial and Manual Training, Profits From 18 Industrial Pursuits, Instruction in 17 Industrial Schools - 32 Jury Duty, Exempt From 23 Juvenile Courts page 25 Lahalnaluna, Trade and Vocational School 35 Language Schools, Foreign 7 Maintenance of Public Schools ."!!1"..~ 13 Medical Supervision !!!"^^!!!! 18 Obstructions in Aisles of Schools 31 Office of Department 2 Parents, Control and Duty 23 Pensions, Exempted 23 Pensions, Teachers' I9 Penalty for Absence From School 9 Permit to Establish Private Schools 5 Permit to Teach 7 Principals, Teachers 3 Private Lands, Acquisition of 12 Private Schools, How Established 5 Private Schools, Supervision by the Department 6 Probation Officer 26 Profits from Industrial Pursuits 18 Public Lands, Use of 17 Public, Private Schools 5 Punishment of Pupils 4 Psychological and Psychopathic Clinic 30 Quorum 1 Records, Evidence 2 Records of Pupils 11 Rules, Regulations, Adoption of 2 Salaries : 3 Salary Schedule 13 School Budget 13 School Buildings, Uses of 4 School, Definition of 8 School Districts 10 School Sites, Private Property 12 School Sites, Public Lands 12 School Tax, Disposition of 15 Seal 2 Secretary, Duties of 3 Sheriff, City and County of Honolulu 10 Special Fund 13 Superintendent 1 Superintendent, Power, Duties 2 Supervising Principals 3 Supervision, Medical 18 Taxes on Real and Personal Property 15 Teacher, Definition of 8 Teachers, Dismissal of 3 Teachers, Qualifications of 8 Text Books, Adoptions 12 Transfer of Pupils 11 Transfer of School Sites, Buildings, Etc 12 Truant Officers 10 Tuition, Select Schools 5 Tuberculosis, to Prevent 18 Vacation of Public Employees 32