Class U'fc ^ i ^7 Book ^ - REVISED SCHOOL LAWS AND REVISED RULES AND REGULATIONS OF THE DEPARTMENT OF PUBLIC INSTRUCTION OF THE TERRITORY OF HAWAII 1911 HONOLULU : BULLETIN PUBLISHING CO., LTD. 1911 REVISED SCHOOL LAWS^. AND REVISED RULES AND REGULATIONS OF THE DEPARTMENT OF PUBLIC INSTRUCTION OF THE TERRITORY OF HAWAII 1911 HONOLULU : BULLETIX PUBLISHING CO., LTD. 1911 0. Oi b. ^CT 17 19tl A \\ INDEX Page. Abduction from Industrial and Reform Scliools 21 Absence, Leave of 45 Age of Majority • • • • 23 Agricultural and Industrial Pursuits in Schools 16 Appointment, Removal 6 Assistant Teachers 40, 42 Attendance, in What District 13 Attendance, Private Schools 13 Board of Examiners 48 Books 14 Care of School Property 7 Certificates, Teachers' 45, 49 Children's Duties • • 23 College of Hawaii 26,. 28 Commissioners .- 4 Commitment to Industrial and Reformatory Schools 19 Compulsory Attendance 11 Conventions • • 8 Cost of Transportation, Industrial and Reformatory Schools... 22 Credentials, Recognition of ^ 49 Cruelty to Children 25 Curfew Law 24 Department of Public Instruction 3, 37 Department, Powers and Duties • • 9 Desertion from Industrial and Reform Schools 21 Discharge from Industrial and Reform Schools 21 Dismissal and Transfer of Teachers 44 Districts 13 English Language, Basis ot Instruction 11 Examinations 45, 49 Examiners, Board of • • 48 Fees Charged 19 Health Certificates 25 High Sheriff to Assist 21 Holidays ••.... 49 IV Page Idle and Dissolute Children Under Eighteen 19 Industrial and Reformatory Schools, Object of 18 Industrial and Reformatory Schools 40 Industrial and Reformatory Schools, Matron Appointed Girls.. 40 Industrial and Reformatory Schools, Superintendent Appointed Boys 40 Inspector of Schools • • 6 Instruction, Religious 49 Inventories 8 Juvenile Act 31, 35 Labor by Children in Industrial and Reformatory Schools 20 Land, Acquirement of • • 16 Leave of Absence 45 Maintenance of Public Schools 28, 31 Object of Industrial and Reformatory Schools 18 Office 5 Office Hours • • 5 Other Schools 17 Parents' Control of Children 23 Penalty for Enticing Children from Industrial and Reformatory Schools 21 Penalty for Truancy • • 12 Prevention of Cruelty to Children 25 Principals 8, 20, 39 Private Schools, How Established 9 Supervised by Department 10 English Language Basis of Instruction 11 Proceeds of Sale of Books 15 Proceeds from Special Schools • • 17 Profits to Teachers and Pupils 17 Promotion of Teachers 41 Public Lands, Use of • . 16 Public, Private Schools 9 Public Schools, Maintenance of (School Fund Commission Act). 28, 31 Public School Laws Relating to Agricultural and Industrial Pursuits 17 Punishment of Pupils 8 Purposes for Taking Private Property 15 Quorum 4 Records 18 Records of Pupils 13 Religious Instruction 49 Removal 6 Rules for Examinations 48 Rules, Regulations 5,18,37 V Pag-e Salaries 6, 41, 43 Schedule of Salaries 41, 43 School Districts : 13 School, Hours to Be Open • • 40 Schools, Industrial and Reformatory 18 Commitment to 18 Surrender of Children to Department 19 Fees Charged • • . . 19 Commitments Direct to Department 19 Duties of Principals 20 Labor by Children 20 Abduction and Desertion 21 Penalty for Abduction 21 Discharge from ...... 21 Transfer to Jail 22 Cost of Transportation 22 School Laws Relating to Agricultural and Industrial Pursuits.. 17 Schools, Other 17 Schools, Private, How Established 9 School Property, Care of 7 Schools, Public, Private 9 School Sites, Buildings, Furniture, etc 15 Secretary 7 Sites on Public Lands 15 Superintendent 3,38 Superintendent, Acting 3 Duties of 4 Supervising Principals 38 Teachers 8, 39, 40, 41, 42, 44, 45 Teachers' Conventions 8 Transfers 14,44 Transfer to Jail from Reformatory Schools 22 Truancy, Penalty for 12 Truant Officers 12 Tuberculosis, to Prevent 26 Tuition 9 Vacation Salaries 43 REVISED SCHOOL LAWS. DEPARTMENT OF PUBLIC HvTSTRUCTION. 1. There shall be an executive department to be known as the department of public instruction, which shall consist of a superintendent of public instruction and six commissioners (Sec. 184, Chap. 17, R. L.). SUPERINTENDENT. 2. 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 (Sec. 185). ACTING SUPERINTENDENT. 3. The Superintendent of Public Instruction, may, with the approval of the Governor, designate some other officer in his department to act in his temporary absence or illness^ Such designation shall be in writing and shall be filed in the office of the Secretary of the Territory. Provided, however, that the Superintendent shall be responsible and liable on his official bonds for all acts done or performed by the person designated to act in his absence as herein prescribed. (Part of Sec. 1, Act 21, S. L. 1909.) 4. Such person so designated shall, during the temporary absence or illness of the head of such office, have all the powers of the head of such office and shall be known as the Acting Superintendent, but shall not be entitled to any additional com- pensation while so acting. (Sec. 2.) COMMISSIONERS. 5. The governor, in the manner prescribed in section 80 of the Organic Act, shall appoint six competent persons to act as commissioners.- 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 tw^o years. In case of a vacancy among the commissioners from any cause other than the expiration of the tenure of office, such vacancy shall be filled by appointment, and the term of office of such commissioner shall be for the remainder of the term for which his predecessor was appointed. (Sec. 186, Chap. 17, R. L. amended by Act 42, S. L. 1909.) 6. ]^o person in holy orders or a minister of religion shall be eligible as a commissioner. Women shall be eligible to be appointed as commissioners ; provided, however, that not more than two shall hold commissions at any one time. All com- missioners shall serve without pay, but shall be entitled to re- imbursement for their necessary expenses incurred while at- tending meetings. (Sec. 187, Amended, by Act 42, S. L. 1909.) QUORUM. 7. The superintendent and three commissioners, or, in the absence of the Superintendent, four commissioners shall con- stitute a quorum for the transaction of business. At least one meeting shall be held in Honolulu during the months of January or February and June or July in each calendar year ; such other meetings shall be held as may be necessary for the proper transaction of the business of the Department. (Sec. 188, Amended by Act 42, S. L. 1909, Amended by Act 135, 1911.) DUTIES OF SUPERIIsTTEATDENT. 8. 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 meet- ing". (Sec. 189.) 9. Except as otherwise provided, the superintendent shall sign all drafts for the payment of moneys, all commissions and appointments, all deeds, official acts or other documents of the department. He shall, not later than the last Wednesday of February in each year, present to the Governor a, full report of the principal transactions within his Department during the year ending December 31 last preceding, together with such recommendations as he may think proper. (Sec. 190.) RULES, EEGULATIO^S. 10. 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 business, which, when approved by the governor and i>ublished, shall have the force and effect of law. (Sec. 191), (Act 88 S. L. 1911.) OFFICE. 11. 'The department shall maintain an office at the seat of government, which shall be open for the transaction of business every day, excepting Sundays and holidays. (Sec. 192.) OFFICE HOURS. 12. The several offices of the Territorial Government shall, except as otherwise directed or permitted by the respective chiefs or heads thereof, with the ajiiu'oval of the Governor, be open for public business on business days from 8 :30 o'clock in the morning to 4:30 o'clock in the afternoon, excepting on Sat- urdays, when they may close at noon, and all officers and em- ployees of any such officoe shall be therein for the transaction of public business during such hours, excepting when the per- formance of their official duties requires their presence else- where or when excused by the chief or head of the office; pro- vided, that the one hour at noon for luncheon allowed each 6 employee shall be considered as an hour during which actual service is performed. Any officer or employee who shall violate any of the foregoing provisions, may be dismissed from his office or employment by such chief or head or by the Governor. (Ees. InTo. 3, 1909.) 13. The department shall adopt a seal, the impression of which shall be necessary to authenticate all of its appointments, commissions, final acts of the nature of record, and all other documents issued by it. (Sec. 193.) 14. The department shall cause all its proceedings, doings and acts to be recorded, and such records shall from time to time be filed in the archives of the department. A certified copy of such record or any portion thereof, when signed by the superintendent and attested by the secretary under the seal of the department, shall be competent evidence of all it contains in any court. (Sec. 194.) APPOINTMENT, REMOVAL. 15. The department may, from time to time, appoint and remove such officers, and servants as may be necessary for carry- ing out the pur]30ses of this chapter, and regulate their duties, powers and responsibilities, when not otherwise provided, by law. (Sec. 195.) . SALARIES. 16. 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. (Sec. 19G.) INSPECTOR OF SCHOOLS. 17. Eor the purpose of supervision and inspection, the de- partment shall appoint an inspector general of schools to hold office during its pleasure ; provided, however, that no person in holy orders or a minister of religion, shall be eligible to fill such office. (Sec. 197.) It shall be the special duty of the inspector general of schools to make frequent tours of the respective islands and districts; to examine into the condition of the public schools; to inform school officers and teachers of their several duties; and to foster generally an interest in the cause of education. The in- spector general may, in the discretion of the department, have the power of appointment and dismissal of school teachers; the arranging and re-arranging of studies to be pursued; and the prominence to be given to any particular branch of learning ; to examine the books, vouchers and accounts of the various school agents and local school committees; tO' hold examinations for the purpose of determining the qualifications of persons desiring to serve as school teachers ; to give certificates of approval to those found competent ; and to do and perform all other matters and things intrusted to his care by th^ department. He shall report in writing a distinct statement to the department of all acts and duties performed by him; all of wdiich shall be sub- ject to be approved or disapproved by the department. (Sec. 198.) SECRETARY. 18. The department shall appoint a secretaTy to hold office during its pleasure. He shall record the doings and transac- tions of the department, take minutes of all its meetings, noting the same in a book of record ; keep the minutes of the meetings of the various committees, if so requested ; carry on the neces- sary 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 may be required of him by the department. He shall have the custody of and be respons- ible for the safe-keeping of all books, records, vouchers and other documents, and all other property of the department kept at its general office at the seat of government. (Sec. 199.) CARE OF SCHOOL PROPERTY. 19. It shall be the duty of the Board (of County Supervi- sors) to build, rebuild, repair, equip, maintain, and regulate school houses other than the formal school, Lahainaluna school, and the Boys' and Girls' Industrial schools. (Act 101, L. 1909.) mVENTOEIES. 20. It shall be the duty of the Superintendent of Public Instruction, in the month of July of each year to prepare and file with the Tax Assessor of the taxation division in which such property is situate, a return or inventory, sworn to before a person authorized by law to administer oaths, containing a full, true and corrected list by detailed items of all property, of whatsoever nature, (as of July 1 of the year for which such return is made) belonging to the Territory of Hawaii and in the possession, custody, control or use of the officer so making such return or of the department, of the Government over which he presides or of any officer, agent or employee serving in such department or under such returning officer, and containing further opposite each item a statement of the full cash value of the property therein named according to the best knowledge, in- formation and belief of the officer making such return. (Act 77, S. L. 1909, Sec. 1.) PEHnTCIPALS, teacheks. 21. All schools shall be presided over by qualified teachers. If there shall be more than one teacher in any public school, one of them shall be designated by the department as prin- cipal. (See. 203, Chap, 17.) PUNISHMENT OF PUPILS. 22. Any teacher shall have power to administer necessary and reasonable punishment upon any pupils while in attendance at schools, and shall not in any way l)e held responsible there- for. (Sec. 204.) TEACHEES' CONVENTIONS. 23. 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 authorize the attendance of teachers thereat, asi a part of their duties, and may permit the closing of schools at specified limited times, in order tx) permit their attendance at such conventions or institutes. (Sec. 205.) PUBLIC, PRIVATE. 24. All schools established and maintained by the Depart- ment in accordance with la,w are public schools. All other schools established and conducted in compliance with law are pi-ivate schools. (Sec. 206 as amended by Act 40 S. L. 1907.) DEPARTMENT, POWERS AFD DUTIES. 25. The department shall have entire charge and control and be responsible for the conduct of all affairs appertainins; to public instruction. The department is authorized to establish and maintain schools for secular instruction, at such places and for siTch terms as in its discretion it may deem advisable and the funds at its disposal may permit. The department shall reo^ulate the course (^f 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 normRl schools, his^h schools, kindergarten schools, schools for technical instruction, boarding schools, evening as well as day schools. The department may also maintain classes for normal, technical and other instruction in any school w^here there may not be pupils sufficient in num- ber to justifv the establishment of separate schools for such purposes. (Sec. 207.) TUITION. 26. There shall be no charge for tuition in any ]>ublic school ; Provided, hoAvever, that the department may in its discretion establish, maintain and discontinue select schools, taught in the English language, at a char2;e of such tuition fees for attendance as it may deem proper; provided, however, that such select schools shall be established only in places where free schools of the same grade for ])upils within the compulsory age are readily accessible to the children of such district. (Sec. 208.) PRIVATE, HOAV ESTABLISHED. 27. Any person desiring to esitablish a private school within the Territory of Hawaii shall, prior to the establishment there- 10 of, make application in writing to the Department of Public Instruction of the Territory, which application 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 langiiages in which such instruction is to be given. IJpon the receipt and approval of the application, the Depart- ment of Public Instruction shall issue to the person or persons applying therefor a permit in form to be by it approved, author- izing the establishment of such school ; and no private school shall be established within the Territory except in conformity with this Chapter. All persons conducting schools within the Territory other than public schools shall on or before the first day of October, 190Y, file with the Department of Public Instruction a state- ment 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 by the De- partment of Public Instruction of the course of study and in- struction given, the Department of Public Instruction shall issue to the person or persons in charge of said school a cer- tificate, in form to be by said Department of Public Instruc- tion prescribed, recognizing such school as a private school with- in the meaning of this Chapter. Attendance at any school established or maintained ^\dthout complying with the terms of this Section shall not be considered attendance at a public or private school within the meaning of this Chapter. (Sec. 209, Amended by Act 48, S. L. 190Y.) SUPEHVISED BY DEPARTMENT. 28. Every private school shall be subject to the supervision of the department. It shall be the duty of the department to require that teachers of private schools be persons of good moral character; and that the premises of such schools comply with the rules and regulations of the department, as from time tO' time promulgated with regard to sanitary conditions and hygiene. (Sec. 210.) 11 E:NraLisH language, basis i^STHucTioisr. 29. The English huignage shall he the medium and basis of instruction in all ])ublie and private schools within the Terri- tory and any school where English is not the medium and basis of instruction shall not be recognized as a public or private school* within the provisions' of this chapter and attendance thereat shall not be considered attendance at school in com- pliance with law. Provided, however, that where it is desired that another language shall be taught in addition to the Eng- lish language, such instruction may be authorized by the de- partment, by direct order in any particular instance. (Sec. 211, Amended by Act 47, S. L. 1907.) COMPULSOKY ATTEND AN"CE. 30. The attendance of all children from six to seventeen years of age, at either a public or private school, is obligatory, and it shall be incumbent upon all parents, guardians, and oth- ers having the responsibility and care of children of such ages, to send them to some such school ; provided that when a child has reached the as'e of twelve years and has not completed the fourth grade of the primary school, he shall be eligible for in- struction only in an industrial school or vocational school, pro- vided 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 compulsorv 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 com])etent 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 12 both i)riniary and grammar grades, as such requirements shall from time to time exist, pro\dded he shall be suitably employed ; FIFTH: When any child of not less than fifteen years of age is suitably employed under the direction of his parent or guardian. TRUAISTT OFFICERS- SI. It shall be the duty of each deputy sheriff, or such police officers as he shall designate, to not less than once each week visit each public school within the county district of which he is deputy sheriff, to ascertain from the teacher or other officer or agent of the Department of Public Instruction in charge thereof what children, if any, of school age persist in absenting themselves from such school. ^ Upon complaint made to any deputy sheriff by any teacher or otlier officer or agent, of the Department of Public Instruction of the Territory of Hawaii that any child of school age has per- sisted in absenting himself from any school located within the county district of which he is deputy sheriff, such deputy sheriff shall immediately ascertain the whereabouts of such child and the cause of his absence from school and report the same in writing to the teacher or other officer or agent of the Depart- ment of Public Instruction making such complaint. (Sec. 213 A, Act 120, S. L. 190Y.) PEIsTALTY. 32. If any child of school age shall persist in absenting him- self or herself from school, any District ^lagistrate shall upon a proper complaint being made by the School Teacher or any other officer or agent of the Department, cause such child and the father or mother, 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 respons- ible for the child had 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 and not ex- ceeding Fifty dollars, 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 reformatory or in- dustrial school for a term of not less than six months or more 13 than two years, or otherwise sentence him or her to a fine not exceeding Five Dollars; provided, however, that the provisions of this section shall not apply to any child not liable to com- pulsory attendance at school. (Act 35, S. L. 1907.) atteistda:rce, private schools. 33. 'No person within school age shall be considered as com- plying with the law as to attendance, who shall attend a private school which does not comply with the requirements of this chapter. (Sec. 214.) SCHOOL DISTRICTS. 34. For the better control and management of the public schools, the department is authorized to designate school dis- tricts 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 arranged that there shall be no unassig-ned locality. (Sec. 215.) ATTEITD SCHOOL IN WHAT DISTRICT. 35. 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 de- partment or school agent of that district may grant such per- mission. (Sec. 216.) RECORD OF PUPILS. 36. The teachers of all schools, either public or private, shall keep a correct register of the names, sex, age and nation- ality, 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 14 of such child shall be given in writing to the teacher, or imless authorized to grant such release by the school agent of the dis- trict fox good reasons shown to his satisfaction. In every such case a certificate in writing shall be granted to the teacher set- ting 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 department. (Sec. 217.) tra:nsfek to a^tother school. 37. '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, unless such chikl shall produce to tlie teacher of the school to be entered, 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 Avho' shall violate any of the provisions of this or of Section 217 shall, upon conviction thereof, be subject to a fine not exceeding ten dollars for each offense. (Sec. 218.) BOOKS. 38. The department shall furnish all necessary books re- quired for the use of pupils in their respective grades, charging therefor their cost price. All pupils must be supplied by their parents or giiardians, 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 supplied, the Department may furnish such books, and require the parents or giiardians to make pay- ment therefor. If such payment shall not be promptly made the Department shall notify the tax assessor of the district in which the school is located, who shall enter the amount due as a portion of the tax to be collected of such parents or guardians, and the payment of such amount, together with interest and 15 costs, shall be enforced as in the case of delinquent taxes. In cases of extreme poiverty, the cost of all books may be remitted by the department; provided, that in such cases the use only of such books shall be authorized, and when the pupils shall have finished the use of the same, the books shall be returned to the Department. (Sec. 219.) PROCEEDS TO TREASURER. 39. All moneys received for the sale of books, shall from time to time be paid over to the treasnrer with a definite state- ment of what they represent. (Sec. 221.) SCHOOL SITES, BUILDINGS, FURISriTURE, ETC. 4:0. Authority is hereby granted to the department to trans- fer to the general government all its property, real, personal, or mixed, reserving, however, the management and control of all church sites, school sites, and school buildings, furniture and appliances. All rights, duties and powers belonging to the board of edu- cation prior to June 8, 1896, are to be exercised and performed by the Department. (Sec. 222.) SITES ON PUBLIC LANDS. 41. Whenever a site for a schol house or land for other edu- cational purposes, as provided by law, shall be required, and the same can be located upon public land, the commissioner of pub- lic lands, upon the recommendation of the department and ap- proval of the governor, may set apart sufiicient land for such purpose without compensation ; and, thereupon the commissioner of ]:)ublic lands shall be relieved from all further responsibility or liability in regard to the premises so set apart, (Sec. 223.) PURPOSES FOR TAKING PRIVATE PROPERTY. 42. Private property may be taken for the following pur- poses, which are declared to be public uses, to-wit : sites for pub- lic buildings, schools and school recreation grounds. (Sec. 491, S. L. 1909, Act 10.) 16 AGKICULTURAL AND IN^DIJSTRIAL PURSUITS IN SCHOOLS. 43. It shall be lawful for the department of public instruc- tion to include agricultural and industrial pursuits among the branches of instruction taught by the public schools of the Ter- ritory. (Sec. 224, Chap. 18.) AS PRESCRIBED BY DEPARTMENT. 44. The department of public instruction shall have power to prescribe 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 par- ticular cases. (Sec. 225.) USING PUBLIC LANDS. 45. For the purpose of this chapter it shall be lawful for the department of public instruction after due notice to the commissioner of public lands or superintendent of public works, as the case may be, to use free of rent, as much of any govern- ment land, not otherwise employed, as shall be advantageously cultivated by the teachers and pupils of any public school, and the teachers and pupils aforesaid shall have the right to con- tinue to cultivate such government land so long as the same shall not be othenvise disposed of by the commissioner of public lands, or superintendent of public works, as the case may be, or otherwise ordered by the department of public instruction ; and in case of disposal of the same by the commissioner of public lands or superintendent of public w^orks, as the case may be, sufficient notice shall be given to enable the removal of im- provements, and the gathering of growing crops, without loss to the owners thereof. (Sec. 226.) OTHER LANDS. 46. Whenever it shall deem the same desirable the depart- ment of public instruction 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. (Sec. 227.) 17 PEOFITS TO TEACHERS AKD PUPILS. 47. All net profits arising from agricnltnral and industrial pursuits, under this chapter, shall belong to the teachers and pupils actually engaged; in such jnirsuits, and shall be divided among the same in such proportions as the department of pub- lic instruction shall deem proper; but the provisions of this section shall not be deemed applicable to schools otherwise regulated by law. (Sec. 228.) PEOCEEDS FEOM SPECIAL SCHOOLS. 48. All moneys arising from agricultural and industrial pursuits at the Lahainaluna school, and the Boys' and Girls' In- dustrial schools, respectively, except such moneys as go to the pupils earning the same, shall, upon receipt thereof, be paid into the Territorial Treasury, and equal amounts are hereby appropriated out of the moneys in the Treasury for the use of the Department of Public Instruction to be expended by it in the care, maintenance and operation of such schools, respective- ly. (Act 37, S. L. 1911.) PUBLIC SCHOOL LAWS EELATE TO THIS CHAPTEE. 49. 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 relation to agricultural and industrial pursuits in said schools. (Sec 229, Chap. 18.) OTHEE SCHOOLS. 50. It shall be lawful for the department of public instruc- tion to institute and establish industrial and reformatory schools in any part of the Territory, when the same shall be deemed necessary^ and, when funds shall be available by legis- lative appropriation, for that object. All such schools shall be conducted under the direction and supervision of the depart- ment of public instruction. (Sec. 231.) 18 RULES AND REGULATIOlSrS. 51. The department, of public instruction shall have full authority to prescribe rules and regulations, not contrary to law, for the government, discipline and care of all industrial and re- formatory schools, continued, established, or instituted under this chapter. (Sec. 232.) RECORDS. 52. The department of public instruction shall cause to be kept in every industrial and reformatory school a journal, in which shall be regularly entered the reception, discharge, re- lease, escape or death of each of the inmates, together with all the particulars relating to such as shall be apprenticed, adopted or put out to work. An exact account shall also be kept by the principal of each of the said schools, of all moneys and other avails received for work performed by the children, as well as of the expenditure of such moneys and avails as shall be author- ized from time to time by the department of public instruction. (Sec. 233.) OBJECT. 53. The only object of the said industrial and reformatoiy schools shall be the detention, management, education, employ- ment, reformation and maintenance of such children as shall be committed thereto, who shall be surrendered to the depart- ment of public instruction as guardians thereof, for the term of their minority, or who shall be received at such schools as by law provided. (Sec. 234.) COMMITMENT. 54. The District Magistrates, Circuit Courts and Circuit Judges may commit all offenders duly convicted before them, under eighteen years of age, to said' industrial and reform school, for any term within their minority in all cases where they shall deem such sentence to be more suitable than the pun- ishment otherwise authorized bv law. (Sec. 235, Amended by Act 30, S. L. 1907.) 19 IDLE OR DISSOLUTE CHILDREN UlSTDER EIGHTEEN, 55. The said District Magistrates, Circuit Courts and Cir- cuit Judges, on the representation of any member of the depart- ment of public instruction, its agents, the attorney-general or his authorized deputy, the high sheriff or his deputy, or a, sheriff or deputy sheriff, shall have power to hear and determine any case, and to sentence for any term within their minoTity to some industrial and reformatory school, any child under eighteen years of age, who lives an idle or dissolute life, whose parents are dead, or if living, from dr,unkenness or other vices or causes, shall neglect to provide suitable employment for, or exercise salutary control over such child. (Sec. 236, amended by Act 150, S. L. 1911.) SURRENDER OE CHILD TO DEPARTMENT. 56. The department of 23ublic instruction, or its agents, if authorized by the said department, shall have power to accept from the parents or guardian of any child, the surrender of such child for the term of his or her minority, to be entered at some industrial and reformatory school; and all the rights of parents or guardians, to keep, control, educate, employ, inden- ture or discharge such child,, shall vest solely in the department of public instruction. (Sec. 237.) FEES CHARGED, WHEN. 57. It shall be lawful for the department of public instruc- tion, in its discretion, to receive into such industrial and re- formatory schools the children under eighteen years of age of parents, guardians or adoptive parents, who shall desire 'the same; and the said department is hereby authorized to charge fees, or remit the same in special cases, for the chiklren so ad- mitted, as in the judgment of the said department shall seem proper. (Sec. 238, Amended by Act 150, S. L. 1911.) COMMITMENTS DIRECTED TO DEPARTMENT. 58. All commitments to industrial and reformatory schools 20 shall be directed to the department of public instruction or its authorized agents in the respective districts, but the high sheriff of the Territory or his deputies shall be charged by such com- mitments with the execution of all orders for the custody and safe-keeping of the children committed to the said industrial and reformatory schools, until delivered over to the principal of the school to which such children shall have been committed, and shall defray all expenses attending the conveyance of . such children to their place of destination, from the funds under his or their control available for soich purposes. (Sec. 239.) DUTIES OF PRINCIPALS. ■ 59. The principals of said school shall receive and detain at said industrial and reformatory schools all children who shall be committed thereto, or placed therein, as provided in Sec- tions 235-238, and they shall be charged with the detention and custody of all children so committed or admitted, and with the execution of all orders, as well as process of court, respecting such children. (Sec. 240.) LABOR BY CHILDREI^. 60. It shall be lawful for the department of public instruc- tion, or its agents, if authorized by said department, to bind out as apprentices, with their consent, all children over ten years of age, Avho shall be committed or surrendered for their minor- ity, and who shall have been admitted at any industrial and re- formatory school, to such useful trades, employments, or oc- cupations as shall be suitable to their years and capacity, and as in the judgment of the said department will tend to the future benefit and advantage of such children'. (Sec. 241.) PUT OLTT TO LABOR, WHEI^. 61. Whenever it can be found that apprenticeships cannot be obtained, or suitable employment be provided at any industrial and reformatory school, for child,ren over fifteen years of age, who shall have been committed or surrendered thereto for their minority, or sentenced for a shorter time, for any crime or mis- demeanor, the department of public instruction, or its agents, if 21 authorized by said department, shall have authority to* put them out to labor to families, or other suitable persons, upon such terms and conditions as in the opinion of the said department shall be deemed proper. (Sec. 242.) ABDUCTIO^T^ DESEKTIOI^. 62. Any person who shall secretly or illegally abduct, or who shall be accessory to the secret or illegal abduction of any child from an industrial and reformatory school, shall be fined not exceeding one hundred dollars, or imprisoned at hard labor not exceeding one year. (Sec. 243.) EISTTICING, ETC., PEI^ALTY. 63. Any person who shall knowingly or intentionally entice away any child from any industrial and reformatory school, or who shall knowungly harbor or secrete any child who shall have been enticed away, or who shall have deserted from any such school, or who shall have left or forsaken his guardian or em- ployer without permission, shall be fined not exceeding one hundred dollars. (Sec. 244.) HIGH SHERIFF TO ASSIST. 64. It shall be incumbent on the high sheriff or any of his deputies to assist, as far as in their power lies, in the appre- hension and recovery of deserters from any industrial and re- formatory school, when requested to do so by the department of public instruction, its agents, or the principal of any such school ; and likewise to assist, as far as possible, in enforcing order and maintaining d,isci])line therein, should circumstances at any time arise necessitating the exercise of such authority. (Sec.'245.) DISCHARGE, BY WHOM. 65. The department of ]^ublic instruction shall have power, for good reasons shown to its satisfaction, to discharge or tem- porarily rtdease any child committed to or admitted at any in- dustrial and reformatory school, upon such terms and condi- 22 tions as shall be approved by the Department. (Sec. 246, Amended by Act 150, S. L. 1911.) TRANSFER TO JAIL. 66. Whenever it shall be found that the continued deten- tion or custody of any inmate of any industrial and reform- atory school at such school shall be subversive of the order and discipline of the school, or injurious in any way to the other inmates of the institution, it shall be lawful for any district magistrate, on representation to that effect being made by any member of the department of public instruction, its authorized agents, or the principal teacher of any such school, to hear and determine any such case, and if proved to his satisfaction, said magistrate is hereby authorized, in the place of further deten- tion or custody at such school, to order that such minor if he be of the age of fourteen years or more, be imprisoned, with or without hard labor, at some public jail for any term not ex- ceeding the unexpired residue of the time for which such in- mate shall have been last committed to such industrial and re- formatory school. (Sec. 24Y.) TRANSFER BACK OR DISCHARGE. 67. If at any time after the commitment or transfer, as in Section 247 authorized,, of any inmate of an industrial and re- formatory school to a public jail, it shall be found that such minor by his conduct gives reasonable proof of reformation, or for other good reason that shall be made to appear, it shall be lawful for any district, magistrate, after receiving satisfactory evidence thereof, to order the discharge of such minor from jail, or to return him to the custody of the department of pub- lic instruction at some industrial and reformatory school, when- ever requested so to do by a member of the department of public instruction, or by its authorized agents. (Sec. 248.) COSTS. 68. All costs incurred under the provisions of Sections 247, 248, shall be paid by the department of public instruction out of any funds appropriated for industrial and reformatory schools. (Sec. 249.) 23 AGE OF MAJORITY. 69. All male persons residing in this Territory who shall have attained the age of twenty years, and all females who shall have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased. (Sec. 2285, Chap. 148.) CHILDEEN^'S DUTIES; PE,NALTY FOU DISOBEDI- EIsrCE. 70. 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 ac- cording 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 disobedi- ence, he shall sentence the said child to imprisonment at hard labor for a tenu not exceeding ten days ; provided, however, that no child under ten years of age shall be amenable to the provisions of this section. (Sec. 2289.) PAHEXTS' CONTROL AND DUTIES'; BINDING OUT OF CHILD BY JUDGE. 71. Parents, that is to say, first the father and then the mother, or, in case they be both dead, guardians, legally ap- pointed, 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 mod- erately 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 edu- 24 cation; to see that they are instructed in a knowledge of the Christian religion; to use their Lest 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 com- plaint being laid before him against any parent, that he or she is encouraging their children in ignorance and vice, to summon such parents before him ; and, upon its being proved to his sat- isfaction, to bind out such child, within the years of legal ma- jqrity, to some person of good moral character, to be well sup- ported, trained to good habits,, and taught at least the rudi- ments of loiowledge. (Sec. 2290.) CURFEW LAW. 72. Any child under fifteen years of age who, except in case of necessity, shall go or remain on any public street or highway after seven 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 five dollars, or bv imprisonment not exceeding ten days at the Reform School. (Sec. 2291 Amended by Act 34 S. L. 1907.) Any parent or guardian, having the care, custody and con- trol 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 morn- ing, unaccompanied by an adult person, shall be punished by a fine of not more than ten dollars, or by imprisonment not ex- ceeding twenty days. (Sec. 2292.) All keepers of coffee, victualing, liquor and billiard saloons and bowling alleys, and also sugar mills, are hereby strictly for- bidden to allow any school children, boys or girls, to remain upon their premises any time between the hours of sunset and sunrise, unless the same be accompanied by their parents or guardians. Any keeper of a coffee, victualing, liquor or bil- liard saloon or bowling alley uiion whose premises any school child, boy or girl, may be found between the hours above named, unless the same be accompanied by its parents or guardian, shall be deemed guilty of an offense, and shall be punished by •25 a fine of not more than twenty dollars, upon conviction, and his license may be revoked by the treasurer, in his discretion. (Sec. 2293.) If any keeper or keepers of any public places enumerated in section 2293 shall find difticulty 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 not obeyed by the said children, the police shall proceed to apprehend all such chil- dren who shall not have proceeded to their homes and cause them to be detained in the lock-up over night, to be brought before the district magistrate on the following morning, to be punished according to the provisions of the law relating to truancy. (Sec. 2294.) FOR THE PREYENTIOIvr OF CRUELTY TO CIIIL- DREjST. 73. 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 cloth- ing, or shall cruelly or unreasonably strike, beat, flog or chas- tise any such child, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding two hundred dollars ($200) or imprisoned for a term not exceed- ing six (6) months. (Act 21, S. L. 1907.) HEALTH CERTIFICATES FOR SCHOOL CHILDREN AND TEACHERS. 74. The scholars and teachers in all public and private schools throughout the Territory of Hawaii shall ju-ovide them- selves, within fourteen days after the opening of the annual school term, with certificates, signed by some duly licensed and competent physician, as to their freedom from contagious and infectious diseases. The district government physicians are in- structed to visit the several public schools in their districts and make the necessary examinations of those not provided with certificates, free of charge, during the period above specified. (Rules and Regulations Board of Health, Territorial Regula- tions 'No. 37.) 26 TO PEEVENT TUBERCULOSIS AND THE SPREAD THEREOE, 75. N^o person who shall have contracted tuberculosis shall, while afflicted with such disease, be allowed to teach in any pub- lic or private school. (Act 118, Sect. 6, S. L. 1911.) COLLEGE OF HAWAII. Section 1. There is hereby established a college of agricul- ture and mechanic arts, to be known as the College of Hawaii, which shall be under the general charge of a board of regents, appointed in the manner prescribed in section 80 of the Or- ganic Act. ^Section 2. The regents shall be residents of the Territory of Hawaii, and shall be appointed for terms of five years, or the unexpired periods thereof, in such manner that the term of one regent shall expire each year. Such terms shall begin on the first day of May in each year, and the terms of the pres- ent regents, in the order of their appointments, shall continue to and expire immediately preceding such day in each of the five years beginning with 1912. Section 3. The board of regents shall have the general man- agement and control of the affairs of the college. They shall have power to appoint a treasurer and such other officers as they deem necessary, and to require them to give bonds in such amounts as they may prescribe and in the form prescribed by law for bonds of public officers. They shall have power to pur- chase or otherwise acquire lands, buildings, a]ipliances and other property for the purpose of the college, and expend such sums of money as may be from time to time placed at the dis- posal of the college from whatever source. All lands, build- ings, appliances and other property so purchased or acquired shall be and remain the property of the TeiTitory of Hawaii, to be used in perpetuity for the benefit of the college. The grants of moneys and the purposes of said grants onthor- ized by the Acts of Congress, approved March 2, 1887, Aug-ust 30, 1890, and March 16, 1906, respectively, known as the Hatch Act, the Second Morrill Act, and the Adams Act, respectively, 27 providing for agricultural experiment stations in connection with colleges of agriculture and mechanic arts, and by any other Act or Acts of Congress for similar purposes, are hereby assented to. Section 4. The purposes of the college are to give thorough instruction in agriculture, mechanic arts and the natural sciences connected therewith, and such instruction in other branches of advanced learning as the board of regents may from time to time prescribe, and to give such military instruc- tion as the Federal Government may require. The standard of instruction in each course shall be equal to that given and required by similar colleges on the mainland, and upon the successful completion of the prescribed course the board of regents are authorized to confer a corresponding degree upon all students who shall become entitled thereto. Section 5. 'No person shall, because of age, sex, color or nationality, be deprived of the privileges of this institution. Section 6. The faculty of the college shall be under the direction of a president, who shall be appointed by the board of regents. The members of the faculty shall be likewise appointed. Section 7. The official name of the board of regents shall be Board of Regents, College of Hawaii, and the board shall adopt and use a common seal, by which all official acts shall be authenticated. Section 8. The board of regents shall have the authority to sue in its official name, and shall be subject to be sued only in the manner provided for suits against the Territory of Hawaii. Section 9. Moneys a]^propriated by the Legislature for the College of Hawaii shall be payable by the territorial treasurer, upon warrants issued by the territorial auditor, upon vouchers approved by the board of regents. All moneys received by or on behalf of the board or college, other than those received from the United States Government, shall be i>aid into the 28 territorial treasury, and all such moneys are hereby appropri- ated for the use of the college. The board of regents shall cause to be kept suitable books of account, and shall annually submit to the Governor, to- be by him submitted to the Legis- lature, a statement showing its receipts from all sources and expenditures for all purposes. (Act 44, S. L. 1011.) A]Sr ACT To Provide for the Mainten^ance of the Public Schools. Be it Enacted by the Legislature of the Territory of Hawaii: Section" 1. The Department of Public Instruction is here- by authorized, empowered, and directed to prepare a salary schedule to cover the compensation to be paid all teachers, super- visors, and principals. Such schedule shall be based upon a classification of schools, classification of teachers' certificates, and length of service, provided, however, that the schedule as to salaries of principals and supervisors shall be based also upon the number of teachers under their direction. Such schedule, when approved by the Governor, and published at least three times in some newspaper of general circulation, printed and published in Honolulu, shall have the force and effect of law. Such schedule may, from time to time, with like approval and publication, be altered, amended or revised. Hereafter all sal- aries of teachers supervisors and principals shall be paid ac- cording to such schedule. The total number of teachers, in- cluding supervisors and principals, who may be continuously employed by the Department in any one year shall not exceed one for every thirty-five (35) pupils enrolled in the public schools during the preceding year, provided, however, that the monthly pay-roll of teachers supenasors and princi]:)als, shall not exceed Forty-five Thousand Dollars ($45,000.00) per month plus Fifty Dollars ($50.00) additional for every thirty- five (35) children of school age added to tlie enrollment of the public schools after June 30, 1911. 29 Section^ 2. Prior to December 15, 1912, and every second year thereafter, the Department of Public Instruction shall prepare a bndget, to be known as the School Budget, shoAving the estimated expenses, other than salaries of teachers, super- visors, and principals, of the Public Schools and of such De- partment for the next ensuing biennial period. Such budget shall be in the following form: GE^sTEEAL FUND. Salary of Stiperintendent. Salaries of Office Force. Greneral Expenses. Supplies. Libraries! and Books. Industrial and Manual Training. Maintenance of Special Schools. SPECIAL FUJ^TD. 'Naw buildings (school houses, cottages and outbuildings). Kepairs and maintenance of buildings and grounds and new grounds. Janitor service. Furniture and fixtures. Section 3. Kot later than December 15, 1912, and every second year thereafter, such budget shall be submitted by the Superintendent of Public Instruction to a Committee of Esti- mates, consisting of the Secretary 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 consider such budget. It may, in its discretion, re- vise or change any item appearing under the general heading 30 ''Special Fund," Init it shall not change any item appearing un- der the heading "General Fund." The members of such Com- mittee shall serve without pa.y., but shall be entitled to their actual traA^eling expenses, to be paid out of the funds provided for the general expenses of the Department, ^ot later than January 15, 1913, and every second year thereafter, such bud- get, as revised by the Committee of Estimates, shall be submit- ted to the Governor of the Territory who shall submit the same without change, but with his own recommendations, to the Leg- islature wdthin 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 Super- intendent of Public Instruction shall submit the budget, as pre- pared by the Department, to the Governor as aforesaid^ and he shall, as aforesaid, submit the same to the Legislature. Such budget, w^hen acted upon by the Legislature, shall determine the amounts which may be expended for such purj)oses during the succeeding biennial period. Section 4. All revenues, derived from time to time from the collection of the school tax levied under the provisions of Section 1200 of the Revised Laws of Hawaii, shall be deemed to be and are hereby appropriated for the payment of the sal- aries of teachers, supervisors and principals, as detennined by the salary schedule, and for the supiwrt and maintenance of the ]niblic 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 hereby made the first charge upon such revenues. Section 5. Out of the revenues, derived from time to time from the taxes on real property and personal property, there shall be* deemed to be and is hereby appropriated, such an amount as shall be necessary to provide sufficient additional funds to meet the requirements of the aggregate of the salaries of teachers, supervisors and principals as fixed by said schedule and of said school budget, which are hereby made the first charge upon such revenues. In order to determine the amounts to be added under this Section, the Superintendent of Public Instruction shall notify the Treasurer, in writing, not later than September 1 in each year, of the total number of teachers, Sll 31 pervisors and principals engaged for the ensuing year and tlie aggregate of the sahiries to be paid them under the salary schedule. Section 6. The Treasurer of the Territory shall, from time to time as may be necessary, pay over to the Treasurer of the several counties, and the Treasurer of the City and County of Honolulu, as the case may be, the amounts approved by the Legislature for the items of the '^Special Fund" of the budget for '^I^'ew Buildings (school houses, cottages" and outbuild- ings)'' and for ^'Repairs and maintenance of buildings and grounds and new grounds." Such amounts shall constitute and be held as special funds in the treasuries of the said several counties and the City and County of Honolulu and shall be ex- pended by their respective Boards of Supervisors only for the purposes approved by the Legislature. New buildings shall be erected in accordance with plans and specifications approved by the Department of Public Instruction, only as to size, arrange- ment, dimensions, lighting of rooms and sanitary conveniences. The other items constituting the school budget shall be expend- ed from time to time on vouchers approved by the Superinten- dent of Public Instruction. JUVENILE ACT. To Define and Regulate the Treatment and Control of Dependent and Delinquent Children. Be it Enacted hij the Legislature of the Territory of Hawmi: Section 1. For the purposes of this Act, the words ''de- pendent child" shall mean any minor who, for any reason, is destitute or homeless ot abandoned or dependent upon the pub- lic foT support or who has no proper parental care or guard- ianship or whose home, by reason of neglect, cruelty or de- pravity on the part of its parent, guardian, ot other person in whose care it may be is an unfit place for such child ; and the 32 words ^^delinqiieiit child" shall mean any minor who violates any law of the Territory or any city or county ordinance, or who is incorrigible, vicious or immoral, or who is grow- ing 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 whatever except in subsequent cases against the same child under this act. Proceedings under this act shall not be deemed to be crim- inal proceedings and such proceedings under this act shall not prevent the trial by criminal procedure in the proper courts of children over fourteen years of age charged with the commis- sion of a felony. Section 2. The circuit judges sitting in chambers shall have original jurisdiction in all cases under this act and, the court held by any such judge under this act shall be termed the Juvenile Court; provided, that in any circuit where there is more than one judge, the chief justice shall designate one of them to be the judge of the juvenile court. In case of the ab- sence, inability or disqualification of the judge any other circuit judge may act in his place by assignment of the chief justice. Sectioi^ 3. All examinations or trials under this act shall be held in the court room or in chambers or in a room in the court house or in any suitable apartment. The proceedings and find- ings of the court shall be entered in a book or books to be kept for that purpose and to be known as the juvenile record. The judge may exclude any person whose presence he deems pre- judical to the interests of the child, when such person does not have an interest in the case. Sectioa^ 4. Upon the filing Avith the judge of a sworn peti- tion, setting forth upon knoAvledge or uppn information and belief facts showing that any child under eighteen years of age, resident Avithin the circuit, is a delinquent or dependent child, the judge may, before further proceedings are held in the 33 case, give notice thereof to a duly appointed probation officer who shall have opportunity allowed him to investigate the facts. In such case the probation officer shall immediately proceed to make a full examination of the parentage and surrovTudings of the child and all the facts of the case and report the same to the judge in writing, and, if after full investigation it shall appear to the judge that the public interest and the interest of the child will be best subserved thereby, a summons shall issue, re- citing the substance of the petition and requiring the person or persons having custody or control of the child,, or with whom the child may be, to appear with the child, at a place and time which shall be stated in the summons, and if such person is other than the parent or guardian of such child, then such parent or guardian shall be notified of the pendency of the case, if he is a resident of the circuit and can be found. If ' any person summoned as herein provided shall fail, without reasonable cause, to appear with the child or to comply with the order of the judge, he may be proceeded against for contempt of court. In case the summons cannot be served or the parties summoned fail to obey the summons, and in any case where it shall ap- pear to the court that such summons might be ineffectual, upon complaint on oath in writing a similar summons as near as may be, may issue to the child or a warrant of arrest may issue, re- citing the substance of the complaint and requiring the officer to whom is it directed to bring such child before the judge to be dealt with according to law, and such child may be com- mitted to a probation officer or such other person as the judge may designate, pending the final disposition of the case. On the return of the summons or warrant, or as soon thereafter as may be, the judge shall proceed to hear and dispose of the case, ana if the allegations against the child are proved, the court may adjudge the child a delinquent or dependent child as the case may be. If it shall appear to the judge that the public inter- ests and the interests of such child will be best subserved there- by, he may order the return of the child to its parents or guard- ians or friends, or he may place it, if delinquent, under proba- tion as hereinafter provided and in all cases he may decree the child found delinquent or dependent to be the ward of the court as far as its person is concerned, and in such cases, where any child has been decreed to be the ward of the court, the authority of the judge over its person shall continue until the 34 judge shall otherwise decree. The child found delinquent may be placed on probation for such time during its minority and upon such conditions as the judge may determine and such child so released on probation may be furnished with a written statement of the terms and conditions of release. At any time during the probationary term of a child released on probation as aforesaid, the judge may, in his discretion, revoke or termi- nate the probation. If at any time before discharge the child be found to be willfully wayward, incorrigible or unmanage- able and in any case upon an adjudication of delinquency, if in the opinion of the judge the welfare of the child and the public interests so require, the judge may cause it to be sent to the Industrial School for Boys or the Industrial School for Grirls, or to any institution authorized by law to receive such child. And in such case, the report, if any, of the probation of- ficer shall be attached to the mittimus and the child shall be placed in charge of some person desigTiated by the judge tO' be conveyed to the institutioii, provided that when a girl is to be conveyed to any institution, the judge shall, when deemed ad- visable, appoint a suitable woman to accompany such girl. Section 5. Whenever any child under the age of eighteen years is arrested with or without warrant, such child shall, when reasonably practicable in view of the distance, expense and other considerations, and in any case where the juvenile court shall so direct, be taken before the juvenile court and the officer making the arrest shall unless some other person shall do so, make and file a petition against such child as hereinbefore provided and the judge shall proceed to hear and determine the matter in like manner as hereinbefore provided. If, during the pendency of any criminal case against any child in any district court of the Territory, it shall appear that the child is under the age of eighteen years, it shall be the duty of the dis- trict magistrate before whom such case is pending, to transfer, when reasonably practicable, or as the juvenile court may di- rest, such case, together with all papers connected therewith to the said court. Upon such transfer the judge may proceed to hear and dispose of the case as hereinbefore provided. Section 6. When any child under the age of eighteen years shall be found to be a dependent child, the judge may make 36 an order committing the child to the care of some suitable in- stitution or to the care of some reputable citizen of good moral character, or to the care of the industrial school provided by law. The judge shall, when the health or condition of the child shall require, cause the child to be placed in a public hos- pital or institution for treatment. Section 7. No child under the age of fourteen years shall be confined in any jail or police station, either before, during or after the trial, but may be committed to the care or custody of any suitable person or duly appointed probation officer, who shall keep such child in some suitable place approved by the judge, outside of the inclosure of any jail or police station. No child under eighteen years of age, while under arrest, con- finement or conviction for any crime, shall be placed in any apartment or cell or any prison, jail, or place of confinement with any adult who shall be under arrest, confinement or con- viction for any offense or be permitted to remain in any court room during the trial of adults or be transported in any ve- hicle of transportation in company with adults charged with or convicted of any offense. Any person violating any pro- vision of this section shall upon conviction thereof be fined not more than Fifty Dollars, or imprisoned for not more than thirty days. Section 8. All children, while under the orders of the judge, shall be in the care and custody of the probation officer or such other person as the judge may designate and all neces- sary expense incurred in the proper care of the children during the pendency of the proceedings shall be paid, out of such moneys as may be appropriated by the legislature for the ex]:)enses of the circuit courts. No judge or probation officer shall be enti- tled to or receive any compensation for any services performed under this act. Section 9. The existino^ laws relatino; to iuvenile delin- quents or offenders shall continue in force except in so far as they are inconsistent with the provisions of this act. RULES AND REGULATIONS OF THE DEPARTMENT OF PUBLIC INSTRUCTION 1. THE DEPARTMENT. (1) The department shall appoint such teachers, principals and supervisors as may be deemed necessary and consistent with the laws, rules and regulations relating to public schools, such appointments, if not made for a definite period to continue during the Dleasure of the department; or, if made for a deii- nite period,' to continue during said period, subject, however, to termination at any time for cause or upon six months writ- ten notice, (2) The department shall provide for the examination of ap- plicants for positions in the public schools and persons already teaching, and grant, issue and give certificates and diplomas not otherwise provided for by law. (3) The department shall: (a) Prescribe, adopt and enforce the use of a uniform series of text books in the public schools ; (b) Fix dates for the opening and closing of the public schools; (c) Do any and all things necessary to the welfare ol the public school system of the Territory not inconsistent with the laws of the Territory. (4) The order of business of meetings of the department shall be as follows, unless othei-ivise voted: (a^ Roll call. (b) Reading minutes of last meeting. (c) Report of superintendent. (d) Reports of committees. (e) Unfinished business. (f) New business. 38 2. THE SUPERI^TTENDE^^T. The duties of the superintendent shall be: (1) To preside at all meetings when present, (2) To cast the deciding vote, in case of a tie, upon all matters requiring a vote of the commissioners. (3) To do all things between meetings of the commission- ers necessary to the proper conduct of the department, subject, however, to the approval of the department. 3. SUPERVISING PRINCIPALS. It shall be the duty of each supenn'sing principal : (1) To have general charge of all the schools in his district. (2) To see that each teacher carries out the requirements of the course of study and the rules and regulations of the de- partment. (3) To instruct teachers, when necessary, in the methods of teaching, organization and discipline ; also to direct the teachers in the work of making term outlines, lesson plans, etc., and ap23rove them before forwarding the same to the department. (4) To see that the registers and records are properly kept. (5) To examine plan books and make comments on the same in writing, giving date of visit and time spent in room. (6) To keep a full record of his work, showing the time spent in each school, the necessary time spent in traveling and in preparing work for the schools, making reports, etc., and to send a copy of this record to the department when called for. (7) To submit to the inspector of schools all information in regard to the schools in his district ; term outlines, lesson plans, written work of the pupils, records of his supervision and in- struction in teaching, discipline and organization, and all other information that may be necessary for a full and complete in- spection of the schools, and generally to do and perform any other duties required by the department, superintendent or in- spector. 39 4. PRINCIPALS. It shall l)e the diitv of the principal, or, in case there should be no principal, the vice-principal: (1) To classify the pupils of his school and to assign his assistants to the different rooms or grades in accordance with the direction of the supervising principal. (2) To outline the work of the term for his assistants in accordance with the course of study. (3) To make rules and regulations for his assistants and pupils necessary to the proper conduct of the school, to be in conformity with law and the rules and regulations of the de- partment. (4) To admit and release pupils according to the school law and regulations of the department. (5) To assume and exercise general and frequent super- vision over the teaching and discipline of the entire school. (6) To be responsible for the proper care of all school prop- erty in his charge, and to make such rules and regulations, in accordance w^th the school law and the regulations of the de- partment, as are necessary for his teachers to assist him in the same. (7) To see that all registers and records of the school are properly kept, and that all reports as required by the depart- ment are correctly made and promptly transmitted to the proper authorities. (8) To make reasonable rules for the conduct of pupils in the school grounds and on their way to and from school. (9) 1^0 principal shall admit into any public school or pri- vate school any child afflicted with any infectious or contagious disease, or retain in the above named schools any child found to be afflicted with any infectious or contagious disease. (10) At the end of the summer term to make and transmit to the department an inventory of all property in his charge belonging to the department. (11) To hold himself responsible to the department, through the supervising principal, for the proper conduct of his school in all respects. 40 (12) To be present at school every day at least twenty min- utes before the opening of school. (13) To perform all other duties required by the depart- ment, the superintendent, the inspector or the supervising prin- cipal. 5. ASSISTANT TEACHEKS. It shall be the duty of the assistant teachers: (1) To prepare, with the assistance of the principal or vice- ijpTincipal, and to place on file at the beginning of the term, a daily program, an outline of the term's work, and to keep on file the daily work of the pupils. (2) To teach the subjects of the course of study as outlined by the principal. (3) To keep a correct record as indicated by the school reg- ister, and to make reports of the same as directed by the de- partment. (4) To care for the school property and to assist in the supervision of the pupils during intermission, as indicated by the department through the principal of the school. (5) To be present at school every day at least fifteen min- utes before the opening of school. (6) To hold school from 9 a. m. to 2 p. m. all school days, except on the last day of the fall and summer terms, on which days the schools may be closed at noon. (7) At the end of the summer term to make ;ind transmit to the principal an inventory of all property in his charge be- longing to the department. (8) To perform all other duties required by the department or any superior. 6. IN^DUSTKIAL AKD REFOKMATOEY SCHOOLS. (1) The Department of Public Instruction shall appoint a matron for the Industrial and Reformatory School for Girls and a superintendent for the Industrial and Reformatory School for Boys. 41 (2) The matron and the superintendent of the two above named reform schools shall keep a jonrnal, in which shall be regularly entered the reception, discharge, release, escape or death of each inmate, together with all the particulars relating to such as shall be apprenticed, adopted or put out to work. (See Sec. 233, Revised Laws.) (3) The matron and the superintendent of the above named schools shall re]3ort weekly to the Department of Public In- struction, the form of such report to be determined by the De- partment of Public Instruction. Y. PROMOTION OF TEACHERS. SCHEDULE OF TEACHERS^ SALARIES. [To take effect September 1, 1911.] (1) The schedules herein contained shall not be considered in the nature of contracts between the teachers and the depart- ment. They may be altered or suspended at any time if the department deems it necessary. (2) Schools shall be classified and salaries fixed each year before the beginning of the regular school year. They shall be classified as Elementary, High, ]N"ormal and Special Schools. These special schools shall include Lahaina- luna, boys' and girls' industrial schools and any other indus- trial or agricultural schools that may be established from time to time. (3) Assistant teachers obtaining normal diplomas will begin at $60.00 per month, .and receive their maximum salary after seven years of actual ser\dce. Teachers having completed the two years collegiate course in the normal school shall begin at $65.00 per month, receiv- ing the maximum salary after five years of actual service. (4) Teachers shall be designated as Supervising Principals, Principals, Vice-Principals, Assistants and Special Teachers. (5) The salaries of assistant teachers in the elementary schools shall be regulated according to the following schedule, based on certificates held and length of efficient service- 42 SALARY SCHEDULE FOR ASSISTANT TEACHERS. Qualificatioiis. Year. Permit to teach $ Continued permit to teach Certificate First year . Second year. Third year. . Fonrth year. Fiftli year. . Sixth year. . Seventh year Eighth year. I^inth year. . Tenth year. . T^o increases in teachers' sahiries are to be made except at the beginning of each school year. Competent teachers in nndesirable locations may be paid above schedule. (6) Teachers duly certificated taking the place of teachers in the elementary schools shall be paid at the rate of $2.00 per day; of teachers in high and normal schools, at the rate of $3.50 per day. ' Substitute teachers without certificates shall 1)0 paid at such rate, not in excess of the above^ as shall be determined by the supervising principal. (7) SALARY SCHEDULE FOR PRINCIPALS. Per Per Year Month. 480.00 $40.00 540.00 45.00 600.00 50.00 660.00 55.00 720.00 60.00 720.00 60.00 780.00 65.00 780.00 65.00 840.00 70.00 900.00 75.00 960.00 80.00 ,000.00 83.33 School with — Prin. and 1 Asst. . . Prin. and 2 Assts. , Prin. and 3 Assts. . Prin. and 4 Assts. . Prin. and 5 Assts. . Prin. and 6 Assts. . Prin. and 7 Assts. . Prin. and 8 Assts. . Prin. and 9 Assts. . Prin. and 10 Assts. 1000 1200 1200 1500 1500 1800 Prin. & over 10 Assts. 2000 1st Year $780 840 900 $1000 1000 2nd 3rd 4th 5th 6th 7th 8th Year. Year. Year. Year. Year. Year. Year. 840 1200 1200 $ 900 1200 1500 1500 900 1500 1800 1800 $1000 1500 $1000 1200 1500 1800 $2000 2400 43 (8) The high schools and the iioriual school are reco'gnized as advanced schools of equal class. N^ormal training and high school teachers not in charge of departments shall he paid according to the following schedule: First year, $900.00. Second year, $960.00. Third year, $1,020.00. Fonrth year, $1,080.00. Fifth year, 1,200.00 (maxiiniim salary). Regular teachers in high schools and the normal school are paid $1,000.00 for the "first year ; second and third years, $1,200.00; fourth to tenth years, inclusive, $1,500.00; after ten years, $1,800.00. These teachers are considered as direct- ors of departments. The principals of the high schools and the normal school shall receive $2,400.00 per year; after ten years, $2,700.00. (9) The salaries of supervising principals, vice-princi]>als, special teachers and teachers in the special schools shall he determined from time to time hy the Department of Puhlic Instruction, according to the duties required of such teachers. (10) In adopting the foregoing salary schedules there shall be no reduction made in the salary of any person concerned who is at the time employed according to the previous schedules. (11) Except as otherwise provided, the salaries of all teach- ers in government service are paid in twelve monthly instal- ments, although the w^ork of the school room is accomplished in ten months. 8. YACATIO:^ SALARIES. For the purposes of this rule, the school year shall he c(Ui- sidered as consisting of ten uionths of teaching and two months of vacation, viz., July and August, all salaries for each school year teraiinating August 31. (a) All teachers who are in the service of the depart- ment at the close of the spring term shall be entitled to as many tenths of their respective salaries for July and Augaist as they have taught months. 44 (b) Teachers whose connection with the department has been severed before the close of the spring term shall not be entitled to any salary for July and August, unless they have taught two terms, or at least six months of the cur- rent year; provided, that those teachers who have been continuously in the service of the department for three or more years, and shall have continued to teach part of the current year, shall be entitled to their pro rata of the vacation salary. (c) Teachers who have taught two terms, or at least six months of the current year, and whose connection with the department is severed before the close of the spring term, shall be entitled to as many tenths of their respect- ive salaries for July and August as they have taught months of the current year. (c) 'No teacher's name shall appear on the pay roll at the opening of the school year unless said teacher shall actually begin service at that time, nor shall any teacher receive any compensation in that school year until he or she has actually begun service, unless the failure to begin service is explained to the satisfaction of the department. 9. DISMISSAL A^^D TEA^^SFER OF TEACHERS. (1) A teacher may be dismissed from the service for cause, after a hearing of the case before the department or author- ized agent of the department. The following may be consid- Wed as sufficient cause for dismissal : (a) Immoral conduct. (b) Insubordination. (c) Inefficiency. (d) Conviction of a penal oifense. (e) Incurable disease. A teacher may also be dismissed from the (U^p-artnu^nt when- ever, after a hearing, it shall appear to the department that such dismissal will be for the benefit of the department. Dismissal for any of causes (a), (c), (d) will include can- cellation of certificate. (2) A teacher may be transferred from one school to an- 45 other at the discretion of the Department of Public Instruc- tion. (3) Salaries may be withheld until reports, health certifi- cates, term outline and inventories are receoved by the depart- ment. (4) A teacher may be reduced in salary for failure to carry out the provisions of the course of study or for violation of the rules and regulations of the department. 10. LEAVE OF ABSENCE. At the discretion of the department, a, teacher may, for good and sufficient reason, such as illness, death in the family, etc., be gTanted a leave of absence for not, more than sixty days, on full pay for the first seven days and at half pay for the re- mainder of the period of absence. 11. EXAMINATIONS AND TEACHEES' CEKTIEI- CATES. Examinations for teachers' certificates shall be held annu- ally after the close of the spring term of the schools by the Territorial Board of Examiners at the time and place desig- nated by the Department of Public Instruction. Certificates of two grades shall be issued, viz. : A. Primary Grade Certificate. B. Grammar Grade Certificate. (A) P7%7yiary Grade Certificate. The requirements for a Primary Grade Certificate shall be as follows: (1) A written examination in the following subjects: Eng- lish (literature, history, orthography, composition and gram- mar). Nature Study, Geography (Hawaiian and general), Hygiene and Physiology, Manual Work, Physical Training, Mu^ic, Drawing (illustrative work, as indicated in the Course of Study for Elementary Schools). Standing required, 80 per cent in each subject. Candidates must be at least eighteen years of age and of good moral character. ii^iTHME 46 The candidate who passes this examination successfully will be entitled to a permit to teach for one year in the school to which he is assigned. (2) After one year's experience in teaching, candidates must pass a written examination in the methods of teaching the sub- jects of the grades taught during the previous year. Standing required, SO per cent in each subject, and an average standing of 80 2:)er cent in the reports of the supendsing principal of their school work during the previous year. A candidate successfully passing this examination will be entitled to a permit to teach in the school for which the permit is granted for one year. (3) After two years' experience in teaching, candidates must pass a written examination in methods of teaching all the sub- jects of the Course of Study for Elementary Schools. Standing required, 80 per cent in each subject and an aver- age standing of 80 per cent in the reports of the supervising prnicipal of the candidate's school work during the previous year. In granting a Primary Grrade Certificate, the standing of the candidate shall be determined by the Board of Examiners by considering the following requirements as of equal value : (a) Academic preparation. (b) Professional knowledge. (c) Skill in teaching and school management. The last requirement shall be determined from the reports of the supervising principal, the report of the inspector of schools and the written work of the pupils submitted from time to time during the past year and on file in the office of the department. N"o certificated teacher now employed by the department shall be required to take any examination specified in these rules until the expiration of the period for which his certifi- cate was granted. Candidates who have had three or more years of successful experience in teaching in this Territory shall be allowed to take the professional and academic examinations at the same time. To candidates successfully passing these examinations, Pri- 47 mary Grade Certificates will be granted, which will entitle the holders to teach in any primary school in the Territory. Such Primary Grade Certificates shall be granted to all teachers now employed by the department who hold first class Primary Grade Certificates withont the reqnirement of any examination, provided that the holders of snch certificates shall have had three years of snccessfnl experience. (B) Grartmmr Grade Certificates. Candidates for Grammar Grade Certificates mnst be hold- ers of Primary Grade Certificates granted in this Territory, or their eqnivalents. Standing reqnired, 80 per cent in each subject. Educational requirements : English — based on college entrance requirements. Histojy — based on college entrance requirements. ,. Geoc/raphii — commercial, Hawaiian and general. Plane Geometry — first four books. Elenientary Science — physics, physiology, biology and botany, as per syllabus published by the Department of Public Instruction. Music — Tonic Sol-Fa and staff notation. Drawing — ability to illustrate historical stories of Course of Study and model land forms. Professional Knotvledge — methods of teaching subjects of elementary school course; child study and school man- agement. Candidates may take part of the subjects one year and part at succeeding examinations ; provided, however, that all the examinations must be taken within a period of four years. In granting a Grammar Grade Certificate, the standing of the candidate shall be determined by the Board of Examiners by considering the following requirements as of equal value : (a) Academic preparation. (b) Professional knowledge. (c) Skill in teaching and school management. The last requirement shall be determined from the reports of the supervising principal, the report of the inspector of 48 schools and the written work of the pupils submitted from time to time during the past year and on file in the office of the Department of Public Instruction. These certificates will entitle the holder to teach in any G^ranimar school of the Territory. Su'pervimig Py-incipuls. Supervising principals shall be appointed by the department at its discretion, but each appointee must be the holder of a Grammar Grade Certificate or its equivalent. 12. BOARD OF EXAMINERS. There shall be a Board of Examiners, composed of the in- spector of schools as chairman, and four supervising princi/pals, appointed by the department for periods of two years. All matters pertaining to examination and certification of teachers shall be referred by the department tO' the Board of Examiners for its recommendation. 13. RULES GOVER:^riI^G EXAMIl^ATIOl^S. The following rules shall be read and explained to all candi- dates at the beginning of each examination: (1) Each candidate shall be furnished with a numbered card, on Avhich he shall write his name. He shall write the number of this card on the headline of each paper given him for the examination. Xo candidate shall write his name on his paper or otherwise call the attention of those who are to examine and credit his work to any means of identifying his or any other paper. All cards shall be sealed immediately and not be opened until all papers have been examined and all work has been finally credited. (2) Candidates shall communicate with no one except the person in charge of the room. All communication relative to the examination shall be in a tone of voice sufficiently loud to be heard by all candidates in the room. (3) Examiners shall not enter into conversation with others than candidates or leave the room of which they have charge while the examinations are going on. (4) Candidates shall not leave the room after receiving a 40 paper and before having finished their work on the same with- out permission of the examiner in charge. (5) Local examiners shall report to the superintendent any necessary deviations from these rules. 14. RECOGNITION OF CREDENTIALS. University degrees, normal diplomas, State grammar grade certificates and State life diplomas may be accepted as the equivalent of our Grammar Grade Certificates. Half time taught elsewhere than in the Territory may be allowed in determining the initial salary of assistant teachers in elementary schools. 15. RELIGIOUS INSTRUCTIO:^^. No religious instruction shall be given in any public school. This is not to be construed so as to interfere with the practice of opening school with devotional exercises, or to re- strict in any way the Sunday services as conducted in the pub- lic boarding schools, industrial schools or reformatory schools. No profane or indecent language should be allowed on the school premises or on the Avay to or from school. Special instruction shall be given on the evil effects of the abuse of alcoholic drinks and narcotics. 16. SCHOOL HOLIDAYS. (1) Holidays when there is to be no school: Labor Day. Thanksgiving Day and the day following (Friday). Washington's Birtthday. Good Friday. Decoration Day. Kamehameha Day. Such other days as may be legally proclaimed holidays. 50 (2) On the following holidays the schools are to be in ses- sion, with some time given to appropriate exercises: Arbor Day. Lincoln's Birthday. May Day. Flag Day. Peace Day. Read and adopted in full this 5th day of June, 1911. (Signed) WILLIS T. POPE, Superintendent of Public Instruction. (Signed) DAISiY SMITH, Secretary. (Sigiied> MAY T. WILCOX, w. L. sta:nle;y, WORTH O. AIKEN, ELLA H. PARIS, JOHN T. MOIR, WM. HYDE RICE, Commissioners of Education. APPROVED (Signed) W. F. FREAR, Governor, Territory of Hawaii LfcMr 12