ARTICLE VI.—OF THE POST OFFICE

 

§397.  There shall be established a post-office system for the Hawaiian Kingdom, and some suitable and trustworthy person shall be appointed by the King to superintend the same, who shall be styled Postmaster-General, and hold his office during His Majesty’s pleasure.  The said Postmaster-General shall, until otherwise provided by law, be ex officio Postmaster of Honolulu.

   

“Before entering upon the duties of his office, the said Postmaster-General and likewise the various Postmasters throughout the Kingdom, shall take and subscribe an oath of office, before a Justice of the District, which shall be filed with the Minister of the Interior, said oath shall be in substance, that the affiant will duly and faithfully perform all of the duties of the office, will sustain the inviolability of the postal matter entrusted to his care, and will forward the mails with dispatch.”

 

§398.  The Postmaster-General shall appoint Postmasters in such port, cities, towns and villages as the public wants may require.  He may also by and with the consent of the Minister of the Interior fix and arrange the compensation of said Postmasters in cases where from the nature of the services rendered by them it may be reasonable or needful to allow them such compensation.”

 

§399.  The Postmaster-General shall have power to make such rules and regulations, not conflicting with any law of the Kingdom, as may from time to time be needful for the government of the several post-offices, and for the safe and speedy transmission and delivery of the mails, and he may employ such clerks or assistance as will enable him to discharge his duties in a prompt and efficient manner.

 

§400.  The Postmaster-General may employ mail carriers on the several islands, to carry mails between the several districts of the same, as he may judge to be most for the public good, applying for that purpose such moneys as may be appropriated by the Legislature for that object, and no other.

 

Section 2.    That Section 401 of the Civil Code is hereby amended to read as follows: *

 

* NOTE.—Act of 1860 enacted that Section 401 of the Civil Code be, and the same is hereby amended, by inserting after the word “vessel,” in the first line, the words “from a foreign port,” and it is so amended in the Penal Code.

 

§401.  No ship or vessel arriving at any port of these Islands where a post-office is established, shall be permitted to report, make entry or break bulk until the master or commander shall have delivered to the Postmaster at such port all letters directed to any person or persons within this Kingdom, which under his care or within his power shall be brought into such ship or vessel except such as are directed to the owner or consignee of the ship or vessel, and the Postmaster to whom such letters shall be delivered shall pay to said master or commander as remuneration therefor, such a sum of money as by the rules and regulations of the Universal Postal Union may be necessary, and it shall be the duty of the Collector or other officer of the port empowered to receive entries of ships or vessels to require from every master or commander of such ship or vessel an oath or affirmation purporting that he has delivered all such letters except as aforesaid.  And if any commander or master of any ship or vessel shall break bulk before he shall have complied with the requirements of this Article, he shall on conviction thereof before any Court forfeit for every such offense a sum not less than one hundred dollars nor more than five hundred dollars, and in default of payment his vessel shall be liable to seizure, condemnation and sale in order to satisfy such penalty.  The master or agent of any ship or vessel about to leave any port of this Kingdom for any foreign port shall give due written notice of the day and hour of the intended departure to the Postmaster of such port, and shall make oath or affirmation of such notice before the Collector of the port before receiving clearance papers.

   

Section 3.  That Section 404 of the Civil Code be and the same is hereby repealed.

 

§402.  The commanding officers of coasting vessels, shall receive and deliver the inter-island mails at the post-offices of the several ports at which they may touch, in such manner as the Postmaster-General may direct, free of charge; under penalty of forfeiting the coasting licenses of their vessels.  But the Minister of the Interior shall be entitled to compensate such coasting vessels in such cases as are just and equitable.

   

Section 403 of the Civil Code is hereby amended by striking out all the Section after the words “§403,” and inserting in place thereof the following words: “The following shall be the rates of Hawaiian Postage on all mailable matter in classes:

   

“ Class 1.  On each letter, sealed package, mail matter, wholly or partly in writing, printed matter, so marked or interlined as to convey other information than that of the original print, all matter not otherwise chargeable with letter postage but concealing any written memorandum; and all matter so wrapped or secured as to prevent its examination without breaking or destroying the wrapper, two cents for each one-half ounce or fraction thereof.

   

“Where any such matter is sent to, or received from any foreign country, six cents on each one-half ounce or fraction thereof; and in addition to the said rate of six cents, the sea postage shall be collected on such foreign mail matter.  Letters to be delivered at the office where mailed, one cent for each one-half ounce or fraction thereof.

   

“Class 2.  On all newspapers, pamphlets, almanacs, calendars, corrected proofs, hand bills, magazines, maps, sheet music, occasional publications (not bound), posters, and other publications (not bound), designed primarily for advertising purposes or free circulation, one cent for each four ounces or fraction thereof; where such matter is sent to or received from any foreign country, two cents on each two ounces or fraction thereof.  Newspapers published in the Hawaiian Islands and mailed from the office of publication to the subscribers, free in the inter-island mails.

   

“Class 3.  On all books or other bound volumes—either printed or blank—blank cards, book manuscript, card boards, engravings, merchandise, models, samples, seeds, cuttings, roots, bulbs, photographs and all other matter not included in the first or second classes above, one cent for each one ounce or fraction thereof, domestic or foreign.

   

“All matter pertaining to the second or third class above named shall be so wrapped or secured as to permit free examination without breaking or destroying the cover or wrapper, otherwise such matter shall be subject to first class postage.

   

“The sender of any book, paper, or other matter pertaining to the second or third classes, may write upon or within the same, the name and address of the person to whom sent, with a statement that such package was sent by a person named; and also the name and address of the sender, or any part of such statement.

   

“No package containing liquids, poisons, glass, explosive chemicals, live animals, sharp instruments, sugar, or any other material liable to deface or destroy the contents of the mail, shall be sent by mail; nor shall any letter or postal card upon which is written, impressed or engraved any disloyal, lewd, obscene, or indecent words or delineations, nor any disloyal, lewd, obscene or indecent book, paper, pamphlet or other publication, be transmitted through the mail.  When the postmaster shall have reason to suspect that any mail matter from a foreign country contains articles subject to customs duties, he may retain the same and cause it to be opened in the presence of the person to whom directed, and the Collector of Customs, or any person authorized by him.  Any person or persons violating or attempting to violate the above restrictions, shall be liable to a fine not exceeding five hundred dollars, or imprisonment at hard labor not exceeding one year on conviction before any Police or District Magistrate.  No package sent by mail shall exceed four pounds in weight except under the first class.  Provided, however, that nothing in this Section contained shall be construed to conflict with the provisions of any Postal Treaty or Convention now existing; and provided also, that authority and full power are hereby given to the Minister of the Interior, to enter such Postal Treaties and Conventions, and more especially the International Postal Union of Berne, as shall be necessary or for the public good, and to alter or amend the above rates with foreign countries to conform with such Treaties, Convention or Union and to make the necessary regulations to perfect the same.”

 

§405.  No ship or vessel leaving any port of the Hawaiian Islands, where a post-office is established, shall be permitted to carry any letters, newspapers, or other mailable matter, outside the mail, unless the Hawaiian postage on the same shall have been previously paid.  And if any commander or master of any ship or vessel shall not comply with the requirements of this section, for every such offense he shall, on conviction thereof, forfeit a sum not less than one hundred, nor exceeding five hundred dollars; and such ship or vessel shall be liable to seizure, condemnation and sale, in order to enforce the payment of such forfeiture.

 

§407.  No inter-island letters shall be transmitted by mail unless previously stamped, and it shall be unlawful for any individual to convey any letter or letters from port to port; provided, however, that in case of a deficiency of stamps, the Postmaster, at the place of mailing, may receive an equivalent in money, and mark such letter “paid,” and subscribe his name thereto, and such letters shall be transmitted in due course of mail.  Any person conveying any letter or letters in contravention of this Section shall be liable to a fine of not less than five or more than fifty dollars, to be recovered before any Police or District Justice, at the suit of the Postmaster-General, or any Postal Agent throughout the Kingdom; one-half of which fine shall be paid to any person informing of the violation of this law.

 

§407a.  Each coasting vessel shall have placed, in some conspicuous and convenient place, a locked post office box or bag, legibly lettered, and the master of every such vessel shall act as a route agent for the Post Office; and all letters properly stamped and placed in such box or bag, shall be delivered by the route agent to the nearest Postmaster, according to its direction, but the route agent, before delivering, shall deface or obliterate the stamp or stamps on any letters so mailed, on pain of a fine of not less than ten or more than fifty dollars, to be recovered before any Police or District Justice; and on a repetition of such offense the license of the vessel commanded by such Postal Agent shall be liable to be revoked by the Collector General of Customs, after conviction before any Police Justice, at the complaints of any Postal Agents.

 

§408.  The Postmaster-General is hereby authorized to issue, and sell on account of his department, postage stamps, of such denomination as the public convenience may require.  If any person or persons shall forge or counterfeit any stamp of the post office department, issued by authority of law, or if they shall obliterate the mark of any stamp for the purpose of using the same for a second time, they shall be adjudged guilty of felony, and on conviction thereof, be fined a sum not exceeding five hundred dollars, or imprisoned at hard labor for a term not more than one year, in the discretion of the Court.

 

§409.  All letters uncalled for after having remained in any post office for one year, shall be considered dead letters; and it shall be the duty of the Postmaster-General, under such rules as he may provide, to have the same opened, and if found to contain no valuable enclosures, to cause the same to be destroyed, and in all cases where valuable enclosures are found, it shall be his duty to preserve the same, and use all proper means to restore the said enclosures to their rightful owners.

 

§410.  The Postmaster General is hereby authorized to provide a suitable official stamp for the use of the General Post Office, and such stationery as may be required for the use of the same; he may also provide for and furnish the necessary stamps and stationery for the post offices at other places in the Kingdom.

 

§411.  The Postmaster-General shall, semi-annually, or oftener if required, render a full and accurate report of the transactions of the General Post Office to the Minister of the Interior, including a statement of receipts and expenditures, letters sent and received, both foreign and inland, and such other matters as will include a full account of the various branches of the service under his charge.

   

It shall be the duty of the several local postmasters to make quarterly, or such other returns as may be required, to the Postmaster-General, in such form and manner, and to such extent, as he may direct, of all their official transactions.

 

§412.  The post office department shall pay its own expenses of every kind, so far as practicable.  Any excess of receipts over necessary expenditures shall be paid into His Majesty’s treasury.  If a deficiency should unavoidably arise, the Postmaster-General may, with the sanction of the Minister of the Interior, draw upon the treasury for the amount of such deficiency, which shall be paid out of any funds not otherwise appropriated: and all the facts in relation thereto, and the reasons for such action shall be specially reported to the legislature at its next session.

 

§413.  For the greater security of letters and other mailable articles posted for transmission in the mails of this Kingdom, the Postmaster-General shall be and he is hereby authorized and ordered to establish a uniform plan for the registration of such letters, and other mailable articles on application of parties passing the same, and require from such parties the pre-payment of a registration fee of ten cents on every such letter or article, provided, however, that such registration shall not render the post office department or its revenue liable for the loss of such letters or articles or the contents thereof as for as the inter-island mails are concerned.  But in case of the loss of a registered letter or article sent in any foreign mail—excepting, however, in cases of force majeure—the Postmaster-General is hereby authorized and directed to pay as an indemnity the sum of ten dollars for each and every letter and article thus lost as provided by the rules and regulations of the Universal Postal Union.

 

§414.  The Postmaster-General and his clerks employed in the postoffice, and all Postmasters through the Kingdom, shall not be liable to jury service in any Court.

 

§415.  If any person or persons shall rip, cut, untie, unlock, or in any way open any mail bag, valise, or portmanteau, containing letters or mailable matter of the Hawaiian Kingdom, without due authority of the Postmaster-General, said person, or persons shall, upon conviction thereof, for every such offense, pay a sum of not less than fifty dollars, or more than five hundred dollars; or be imprisoned at hard labor for a period not exceeding two years, or both, in the discretion of the Court.

 

The Postmaster-General is hereby authorized and directed to cause to be prepared for sale at the various post offices throughout the Kingdom, Post Cards, of substantial card board, not to exceed five and one-half inches in length or three and one-quarter inches in width, which shall bear upon the right hand upper corner of one side, a suitable device and stamp of one cent to be expressed in the Hawaiian language, and which shall bear upon the stamp side, word directing the address only to be written upon that side.  The said postal cards, bearing written or printed words, in either ink or pencil, shall be received for transmission in the mails throughout the Kingdom and no additional postage shall be charged.

   

The Postmaster-General by and with the advice and consent of His Majesty the King in Privy Council, is hereby authorized to adopt and adhere to any and all the rules and regulations now adopted, and in force or that hereafter may be adopted by the Universal Postal Union, whether or not the said rules and regulations shall or may cause an increase or decrease in either the income or expenditure of the post office.

 

 

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