# Appendix — Burns v. Richardson

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1966
- **Citation:** 384 U.S. 73

## Text

—

SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1965

No. 318

JOHN A. BURNS, GOVERNOR OF THE
STATE OF HAWAII, APPELLANT,

vs.
WILLIAM §S. RICHARDSON, ET AL.

No. 323

ELMER F. CRAVALHO, ET AL., APPELLANTS,
vs.
WILLIAM S. RICHARDSON, ET AL.

No. 409

KAZUHISA ABE, ET AL., APPELLANTS,
vs.
WILLIAM 8S. RICHARDSON, ET AL.

APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF HAWAII

INDEX

Recorp Press, Printers, New York, N. Y., NovEMBER 17, 1965

sn senemern conn

li INDEX

Cet icc Gr len Ded Oe
the District of Hawaii
Complaint 3 1
Exhibit A—Article III, Sections 1 through 5 of
State Constitution 18 13
Exhibit B—Article XVI, Section 1 of State
Constitution 20 16
Exhibit C—Table of information as to popula-
tion and apportionment of Hawaii, dated
July 28, 1964 24 23
Summons 25 24
Motion for preliminary injunction — 26 25
Attachment— Affidavit of Carl J. Guntert —.... 29 26
Memorandum of authorities 32 28
Answer of defendant 52 30
Complaint in intervention of John A. Burns -... 64 37
Application to fix time for hearing and order
thereon 76 42
Motion of Nelson K. Doi, et al. to intervene as
defendants 78 43
Notice of motion to intervene 80 44
Answer and cross-claim of Nelson K. Doi, et al. 82 45
Answer of Elmer F. Cravalho, et al. 92 49
Pre-trial order 330 53
Decision and order 370 62
Notice of motion to alter or amend judgment __ 394 82
Motion to alter or amend judgment — 396 83
Statement of reasons and authorities —_..____. 399 85
Motion to amend motion to alter or amend judg-
ment and order thereon 411 87
Final order on motion to alter or amend judg-
ment 454 88

Memorandum of Governor’s position on Senate
reapportionment under House Bill No. 773,
Senate Draft 1 480 91
Addendum to Governor’s memorandum

—

INDEX lil

Original Prirt
Record from the United States District Court for
the District of Hawaii—Continued
Submission of proposed Constitutional amend-
ments adopted and legislation enacted pursuant
to minute order dated March 9, 1965, as amended 537 103
Exhibit “A”—Conference Committee Report
No. 2 re: H.B. No. 987, S.D.1, to the Presi-
dent of the Senate, dated April 13, 1965 ____ 540 105
Conference Committee Report No. 2 re
H.B. No. 987, 8.D.1, C.D.1, to the
Speaker of the House of Representatives,
dated April 12, 1965 543 109
H.B. No. 987, 8.D.1, C.D.1—reapportion-
ment and redistricting plan for the
Senate 546 113
Exhibit “B”—Conference Committee Report
No. 1 re H.B. No. 773, S.D.1 to the Presi-
dent of the Senate, dated April 13, 1965 553 119
Conference Committee Report No. 1 re
H.B. No. 773, S.D.1, ©.D.1 to the
Speaker of the House of Representatives,

dated April 12, 1965 561 130
H.B. No. 773, §.D.1, C.D.1—proposed Con-
stitutional amendment _._ 569 140

Exhibit “C’—H.B. No. 986—legislation pur-
suant to the provisions of Article XV of the

Gthte Comstitetion 2 577 147
Order staying injunction _._ saa Mate isaco ents 580 150
Decision and order on Hawaii’s Senate Reappor-

tionment Plan of April 14,1965 582 151

Notice of appeal of John A. Burns, Governor of
Hawaii, to the Supreme Court of the United

States m ; 613 165
Motion to suspend injunction and for stay of

order pending appeal _..- = 621 168

Attachment—Affidavit of John A. Burns ___ 622 169
Application to fix time for hearing and order

thereon é 631 177

Notice of motion _ a 632 178

iv INDEX

Record from the United States District Court for
the District of Hawaii—Continued
Notice of appeal of Hawaii State Senators
Kazuhisa Abe, et al. to the Supreme Court of
the United States
Notice of appeal of Elmer F. Cravalho, et al.
to the Supreme Court of the United States —_.
Ruling on motion to suspend injunction and for
stay of order pending appeal
Docket entries
Certificate of Clerk (omitted in printing) —
Excerpts from Transcript of Proceedings—Au-
gust 25 and 26, 1964
Testimony of Robert Schmitt—
direct
eross by Mr. Dodge —-.........
eross by Mr. Padgett
Examination by the Court
eross by Mr. Dodge --._-
eross by Mr. Padgett
eross by Mr. Kanbara _.....
cross by Mr. Padgett —.....
cross by Mr. Kanbara —...
Testimony of Robert Schmitt—
(resumed )
Offers in evidence
direct
voir dire
cross
direct
Offers in evidence
Excerpts from Transcript of Proceedings— Janu-
ary 11, 1965 ‘ ;
Offers in evidence
Testimony of Robert Schmitt—

(recalled )—
ET Se Skee oe aa “ 780 262
eross by Mr. Kanbara —___ 787 266

cross by Mr. Padgett __ 787 266

ner

INDEX v
Original Print
Record from the United States District Court for
the District of Hawaii—Continued
Excerpts from Transcript of Proceedings—Janu-
ary 11, 1965—Continued
Testimony of Robert Schmitt (recalled as a
witness for intervenor-plaintiffs )—

direct 790 269

cross by Mr. Dodge —___. 798 274

cross by Mr. Padgett 799 275
Testimony of Eileen K. Lota—

direct 801 276

Testimony of Robert Schmitt (recalled as a
wicness for plaintiffs )—

direct 818 286
Excerpts from Transcript of Proceedings—April
15 and 16, 1965 824 291
Inquiry by Judge Pence and response by Mr.

Kanbara 824 291
Offers in evidence 827 291
Testimony of Sakae Takahashi—

direct 830 293
cross by Mr. Kanbara ___. 851 307
cross by Mr. Dodge _____ 856 311
cross by Mr. Tonaki _______. 861 314
cross by Mr. Kanbara ____. 862 315

Testimony of Robert Schmitt (recalled as a
witness for intervenor-plaintiffs )—

direct 864 316

cross by Mr. Dodge . & 327

cross by Mr. Kanbara ____ 883 329

Remarks of Deputy Attorney General Kanbara 889 333
Reporters’ certificate (omitted in printing) 897 338
Certificate of clerk (omitted in printing) ____. 898 338

Plaintiffs’ Exhibit 1—Table showing statistics on
population, registered voters and apportion-
ment of Legislature 899 339
Plaintiffs’ Exhibit 6—Map—Proposed Represen-
tative and Senatorial Districts Based on Total
Population, Maui County

Original Print

vi INDEX

Record from the United States District Court for

the District of Hawaii—Continued
Plaintiffs’ Exhibit 7—Map—Proposed Repres~

tative and Senatorial Districts Based on Totas

Population, Hawaii County 901 341
Plaintiffs’ Exhibit 9—Map—Proposed Represen-

tative and Senatorial Districts Based on Total

Population, Kauai County 902 342
Plaintiffs’ Exhibit 11—Standing Committee Re-

port No. 92, Constitutional Convention “f

Hawaii 903 343
Plaintiffs’ Exhibit 14—Excerpt from Statistical

Report 22, Election Statistics of Hawaii, De-

partment of Planning and Economic Develop-

ment, October 15, 1964 925 359
Plaintiffs’ Exhibit 15—Corrections, dated Novem-

ber 6, 1964, to Statistical Report 20, “Military

Personnel and Dependents in Hawaii, July

1964”, dated July 27, 1964, together with the

Statistical Report 941 375
Plaintiffs’ Exhibit 16—Table 1—Population, by

class, for Hawaii, by Legislative District—1960 957 391
Defendant’s Exhibit A—Testimony of Robert C.

Schmitt, Statistician, Department of Planning

and Economic Development before the State

ee Ea ee 958 392
Defendant’s Exhibit B—Map showing and listing
Registration Points on Oahu — 968 402

Defendant’s Exhibit C—Procedure for Voter
Registration—Honolulu and Guide to Regis-

tration of Military Personnel 970 404
Intervenors-Plaintiffs’ Exhibit GO-1—1960 popu-
lation and apportionment statistics —..____ 972 407

Intervenors-Plaintiffs’ Exhibit GO-2—Statement
of Delegate Wirtz, excerpt from Vol. II, Pro-
ceedings of the Constitutional Convention of
Hawaii, p. 760 _ 3 2
Third - Hawaii « 7,714 2, 986 2,973 3, 028 1 B T ps
Fourth.- Hawaii 11, 369 3, 862 4,073 4, 239 1 1 l 1
Fifth - Hawaii 5, 666 ' 2,641 2,720 2,902 1 1 1 | Se
Sixth - Maui 7, 138 2, 560 2,574 2,739 1 1 1 l
Seventh - Maui 35, 717 14, 195 14, 965 15, 586 4 3 3 3
Eighth - Oahu 68, 281 13, 876 18, 369 22, 450 4 6 5 5
Ninth - Oahu 42, 816 5, 929 7,410 .- 7,973 2 3 2 z
Tenth - Oahu 95, 118 12, 926 17, 003 20, 861 4 3 4q 5
Eleventh - Oahu 57,743 10, 525 12,553 14, 401 3 5 3 3
Twelfth - Oahu 25, 552 8, 372 10, 000 10, 889 3 2 3 3
a Thirteenth - Oahu 28,592 7,621 7, 807 7, 260 2 2 2 z
' Fourteenth - Oahu 42, 476 14, 134 16, 056 17, 305 4 3 4 3
Fifteenth - Oahu _ 60; 125 21, 063 25; 869 28, 685 6 5 6 7
Sixteenth - Oahu 42,750 13, 746 16, 176 17, 072 4 3 4a 4
Seventeenth - Oahu 36, 956 13, 455 15, 880 17, 428 4 a 4a 4
Eighteenth - Kauai 28, 176 11, 381 11, 338 11, 807 3 2 3 3

Source: Department of Planning and Economic Development, State of Hawaii, July 28, 1964.

* Based on 1960 Federal Census. :

** from Office of the Lieutenant Governor, State of Hawaii. Instances when apportionment based on registered
voters differ from that bascd on population are indicated by underscoring.

Pik Rene ee Te emer sg ae SIE Str: 1 Ae caeneess pastes: " Ag pete ri Ys ‘ ¥ » ‘
kta we abate! ST. ET EM Catena teri Su BI ad LE LOLI LL SEIS Meee AM POOLE On oe RIA | IL ' ¢

(fol. 900]

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LEGEND

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Kahoolawe

(1) Representative Districts

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East Maui
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2presentative and Senatorial Districts Based on Total Population

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Niihau

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O

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Proposed Representative and Senatorial

DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT

OVERSIZE PAGE-SEE NEXT FRAME

[ fol. 902]

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[ fol. 902]

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Niihau

LEGEND

(1) Senatorial District

(1) Representative Districts

posed Representative and

MENT OF PLANNING & ECONOMIC DEVELOPMENT

28,176

Senatorial Districts Based on Total

Population

STATE OF HAWAII

{fol. 903]

In tHe Unitep States District Court

For THE District or Hawa

Puaintir¥s’ Exuisit 11
Standing Committee Report No. 92

Your Committee on Legislative Powers and Functions
submits herewith a committee proposal for a complete
article on legislative powers and functions. The proposal
embodies what your Committee believes necessary or de-
sirable in establishing the legislative department of the
state government. Before arriving at its proposal your
Committee studed the several proposals referred to it, as
well as those provisions of the Hawaiian Organic Act, the
Model State Constitution and the constitutions of several
of the states pertaining to the legislature. Your Commit-
tee has decided to retain the framework provided in the
Organic Act without substantial change, except in a few
particulars.

Your Committee believes that the legislature should re-
main bicameral, but recognizing the desirability of wider
representation of the population, which has greatly in-
creased since the adoption of the Organic Act, has pro-
vided for an increase in the membership of both houses
of the legislature. However, while it was unanimously
agreed that there should be an increase in membership,
your Committee was unable to agree as to the extent of
| the increase. A majority of your Committee approved a
senate of 25 members and a house of representatives of 51
members, while a minority insisted that the house should
not be larger than 41 members nor the senate larger than
21 members.

(fol. 904] In fixing the composition of the two houses
your Committee was faced with the problem of reappor-
tionment, which, with the increase and shift of population
since 1900, has become complicated as well as acute. Your
committee has agreed that the house of representatives

344

must be apportioned on the basis of the number of regis.
tered voters among the several major island divisions (the
present counties) but that the present ratio of representa.
tion among the four existing senatorial districts shoul
be maintained in the senate. In districting your Commit.
tee made but one change as to senatorial districts, that
being the splitting of the island of Oahu into two districts
roughly corresponding to the present representative dis.
tricts, but completely revised the representative districts,
which are increased from six to eighteen.

A major departure proposed by your Committee from
the provisions of the Organic Act 1s the provision for an.
nual, as distinguished from biennial, sessions of the legis.
lature. Your committee proposes that of the annual
regular sessions, only those held in the odd numbered
years, which shall be known as “general sessions,” shall he
open to all kinds of legislation and that those held in the
even numbered years, to be known as “budget sessions,”
shall be confined to the general appropriations bill and
bills to authorize proposed capital improvement expendi-
tures, revenue bills necessary therefor, bills to provide for
the expenses of such session, urgency measures deemed
necessary in the public interest, bills calling elections and
[fol. 905] proposed constitutional amendments. In addi-
tion, special sessions are provided for.

The provision for annual sessions is a recognition of
the need today for more frequent, if not continuous, ses-
sions of the legislature, particularly in view of the diff-
culties of projecting estimate of revenues and expenses for
two years and more in advance, as is the case at present.
The provision for a budget session in those years in which
a general session is not held, makes it possible to limit
appropriations for the expenses of the government to a
single fiscal year.

A similar thought underlies your Committee’s action in
providing for the establishment of a legislative council.
While such a provision might be considered legislative
and the inclusion of such provision objected to on that

345

ground, your Committee believes that the work of the leg-
islature must be implemented by a continuous study by
some agency under the control of the legislature in the
interim between sessions and that it is a matter of such
importance that it should not be left entirely to legislation.
Another important change is in the provision for re-
apportionment. The provision of the Organic Act for re-
apportionment has been, as is notorious, totally ineffective.
Your Committee proposes that reapportionment be practi-
cally automatic every ten years.
Following is a summary of each of the several sections
of the propesed article, with some comment.

[fol. 906] Suction 1. Legislative powers. Section 1 vests
the legislative power in the legislature, which is to consist -
of a senate and a house of representatives. The legislative
power is extended to “all rightful subjects of legislation
not inconsistent with the constitution of this state or the
eonstitution of the United States,” which phrase is in-
tended as the broadest possible grant. Unlike section 55
of the Organic Act, from the first sentence of which said
phrase is derived, and the constitutions of many of the
states, the restrictions on the legislative power are uot to
be found in this article but, if at all, in other parts of the
constitution.

Section 2. Senate; senatorial districts; number of mem-
bers. Section 2 fixes the membership of the senate, de-
lineates the several senatorial districts and fixes the
number of senators to be elected from each. The senatorial
districts, with the exception of those on the island of Oahu,
are the same as now exist for the Territory. Oahu has
been divided into two senatorial districts, the boundaries
of which are the same as the boundaries for the present
fourth and fifth representative districts except that all of
windward Oahu is included in the old fifth representative
district. Your Committee contemplates no automatic re-
apportionment of the senate. These districts and the mem-
bers to be elected from each district will therefore remain
until changed by constitutional amendment.

346

[fol. 907] The Committee proposal increases the member.
ship of the senate from its present 15 to 25. Early in the
deliberations of your committee on the question of the eon.
position of each house of the legislature, there was unajj.
mous agreement that the house of representatives shoylq
be apportioned according to some fixed principle, and that
the senate was to be apportioned on some other basis,
The majority of the members of the Committee felt that
the present size of the senate, 15 members, was too small,
There was general agreement that it should be larger,
There was, however, no unanimity as to the exact size that
it should be.

The proposed membership of 25 was arrived at by an
agreement that the same proportion of Oahu members to
neighbor island members be continued. With six members
at present being elected from Oahu out of a total senate
membership of 15, that proportion today is forty per cent
for Oahu as against sixty per cent for the neighbor islands,
By selecting a senate of 25 members, that proportion re.
mains unchanged.

This was not the only size for the senate that was con.
sidered. The Committee discussed retaining the present
15 member senate, a senate of 19 members, a senate of 20
members with the Lieutenant Governor as its presiding of-
ficer, a senate of 21 members and a senate of 23 members.
The 20 member senate, while it would have retained the
present 40-60 proportion, was rejected as placing legisla-
tive authority and responsibility in the Lieutenant Gov-
ernor,.a member of the executive department. Some of
[fol. 908] the members felt it inadvisable to go beyond a
senate of 21 members, with a distribution of nine for Oahu
and twelve for the neighbor islands. However, because this
distribution would have given Oahu slightly more than
forty per cent of the total senate, a majority of your com-
mittee voted to reject this plan. The retention of a 15
member senate was vigorously proposed by some members,
but was rejected by a majority of the committee members.

347

The division of the island of Oahu into two senatorial
districts was agreed upon, although not unanimously, in
an effort to limit the area that would have to be covered
in campaigns and to reduce campaign expenses. The in-
clusion of the Kailua and Waimanalo areas in the old fifth
representative district follows a pattern set by the election
districts for the election of Oahu delegates to this con-

vention.

Section 3. House of representatives; representative dis-

tricts; number of members; apportionment. Section 3 fixes
the number of members of the house of representatives.
It further describes the 18 representative districts from
which the members of the house will be elected. As the
descriptions of some districts are necessarily long, they
will be included in the schedule of the constitution, but are
nevertheless to be considered as a part thereof. The num-
ber of members to which each of these districts will be
entitled until Fe php is based on the number of
voters registered in each district in 1950.
(fol. 909] From a very early point in your Committee’s
deliberation on the question of apportionment and reap-
portionment of the house of representatives, your Com-
mittee was unanimous in its decision to apportion the
members among the several major island divisions on a
realistic basis and in accordance with the principle that
representation should be as nearly uniform as possible.

One of the reasons why the reapportionment directed by
the Organic Act was not carried out was because that Act
required reapportionment on the basis of citizen popula-
tion. A breakdown of the population according to this
standard has not been locally available. Total population
figures for the Territory are shown by census tracts which
do not necessarily coincide with locally defined areas. As
a practical matter, the number of registered voters was
found to bear a reliable and fairly uniform relationship to
total population, although it favors slightly the neighbor
islands where the percentage of persons who have regis-
tered to vote is from one to two per cent higher than for

348

Oahu. It was in recognition of the potential difficulty jy
obtaining figures which would show citizen population o;
figures which would show total population by desirabj,
districts, that the basis for apportionment of the member
of the house was chosen as the number of registered voters

A majority of the members of your Committee was oj
the opinion that the present representation enjoyed by the
neighbor islands should not, at least for the present time
[fol. 910] be decreased. With a 51-member house, appor.
tioned equally among the several major island units, the
present representation is maintained, although the repy.
sentation for the island of Oahu is increased from twelve
members to 33 members.

The cost to the state of a Legislature, with a 51-member
house and a 25-member senate, was discussed at some length
by your committee incident to the question of having bier.
nial or annual sessions of the legislature. Some of the
members of the committee felt that this larger size would,
on a cost basis, make it inadvisable to provide for annual
sessions ; however, the majority of the members of the com.
mittee felt that the state could afford to have both a large
legislature and annual sessions.

Section 4. Reapportionment of the house of representa.
tives; mandamus. Some history of the reapportionment
problem in the Territory may be outlined here. Under the
1894 Constitution of the Republic of Hawaii, the house of
representatives consisted of 15 members, as did the other
house. There is no positive proof that the apportionment
of the members of the house was on a straight population
basis; however, the very high correlation between the nun-
ber of members from each major island division and the
total population of those divisions, as shown by the 18%
census, indicates that total population was probably the
standard used. The drafters of the Organic Act, in recog-
nizing that a 15-member house was too small for effective
[fol. 911] work, increased the membership to 30. This was
done by merely doubling the number of representatives
from each representative district. The drafters further

349

provided that, upon the completion of the next decennial
census, and from time to time thereafter, both the house
and the senate should be reapportioned by the legislature
in accordance with citizen population. It is, of course, well
jnown that this was not done by any succeeding legislature.
The reapportionment problem has thus been aggravated by
inaction over the years and the inequalities in the repre-
sentation of the major island divisions have become more
and more pronounced. By adopting, as the committee has
done unanimously, the principle of uniform representation
with periodic reapportionment to meet changing conditions,
your committee sincerely feels that the problem has been
finally solved. Where there was disagreement in the com-
mittee, it was on the total membership of the house and
not upon the method of reapportionment.

Section 4 sets out the methods and the procedure for
automati¢ reapportionment, and involves two steps, both
of which have been spelled out. Step one is to take the total
number #f members of the house and to apportiqn those
members} among the four major island divisions) (which
have beqn defined as “basic areas”) on the basis of the
number of registered voters in each division. Step two is
to take the number of representatives to which each basic
area is entitled and to further apportion those members
among the several representative districts within each basic
{fol. 912] area as those districts are defined in Section 3.
This second apportionment is also based on the number of
registered voters. The result of this procedure is to achieve
what is deemed to be the most equitable distribution of
members among the several representative districts. The
mathematical process, known as “‘the method of equal pro-
portions,” is the identical method used in apportioning the
members of the United States house of representatives
among the several states (55 Stat. 761-2; 2 U.S.C.A., 2a,
2b) and has been proven by expert mathematicians to re-
sult in the least possible discrimination.

The initial apportionment, as set out in Section 3, main-
tains the present neighbor island representation in the

350

house. However, there is no guarantee that upon reappor.
tionment any area or district will continue to be entitleg
to elect the same number of representatives. Should the
number of registered voters in any district, for exam
drop in proportion to the number of registered voters jy
the State as a whole, the number of representatives to
which that district would be entitled would be proportion.
ately less.

It was not deemed advisable by your Committee to pro.
vide for complete redistricting of the State at the time of
each reapportionment. To obviate the necessity for periodic
redistricting, representative districts were fixed in such
manner that it appears highly improbable that any district
in the next few decades will not be entitled, on the basis
of registered voters, to elect at least one representative,
[fol. 913] Should, however, the number of registered voters
fall below the number which would logically entitle it to
elect a representative, provision is made for the redistrict.
ing of the basic area within which such a district lies,
Maps showing the boundaries of these districts have been
filed with the convention secretary.

The duty for effecting reapportionment and such redis.
tricting as might be necessary has been placed on the Gov-
ernor. In order to assure that this duty, which is of a
ministerial nature, will actually be carried out, the Gov-
ernor has been made specifically subject to mandamus by
the Supreme Court. This is the only way in which a con-
stitution can guarantee reapportionment and is conse-
quently the method considered by this committee to be the
most desirable.

[fol. 914] Section 5. Election of members; term of office.
Section 5 provides for the election of members of the legis-
lature at general elections and fixes the term of office of
members of the house of representatives at two years and
that of members of the senate at four years.

Section 6. Vacancies. Section 6 provides that vacancies
in the legislature shall be filled for the unexpired term in

351

sach manner as may be prescribed by law, but if no such
provision is made, then by appointment by the governor
for the unexpired term. This is a change from the Organic
Act (sections 31 and 37), which required vacancies to be
filled by election.

Section 7. Qualifications of members. Section 7 states
the qualifications for members of the senate and the house
of representatives. The requirements are the same as in
the Organic Act (sections 34 and 40), namely, (1) attain-
ment of the age of 30 years in case of senators and 25 years
incase of members of the house, (2) residence in the State
for not less than three years and (3) a requirement that the
person be a qualified voter of the district, senatorial or
representative, as the case may be, from which he seeks to
be elected. The requirement of American citizenship is, of
course, implied in the third requirement.

ployees. Section 8, which is derived from but somewhat
broader than section 17 of the Organic Act, disqualifies any
person while holding any public office, position or employ-
ment from being elected to or from taking or holding a seat
in the legislature, the difference being that the proposed
section applies to persons holding public positions or em-
ployment as well as public offices. It is not to be construed,
(fol. 915] however, to prevent a member of the legislature
from being re-elected or to prevent a member of either
house from being elected to the other.

Section 9. Privileges of members. Section 9 sets forth
the privileges of members of the legislature. The immunity
from liability of members of the legislature has been en-
larged to include “any statement made or action taken” in
the exercise of legislative functions, as compared to section
28 of the Organic Act, which limits the immunity to “words
uttered.” The proposed section is intended to cover writ-
ten as well as oral statements and any action taken in
the exercise of legislative functions, in the broadest sense.

se 8. Disqualification of public officers and em-

352

The provision for exemption from arrest is the same ag cop.
tained in section 29 of the Organic Act, except that the
ten-day limitation on going to and returning from sessions
has been omitted.

Section 10. Disqualification of members. Section 10 dis.
qualifies members of the legislature (1) from holding any
other public office, position or employment of profit while
holding their legislative office and (2) during the term for
which they are elected or appointed, from being elected or
appointed to any public office, position or employment of
profit which is created, or the emoluments whereof are jp.
creased, by legislative act during such term. The first dig.
qualification corresponds to a similar disqualification in the
judiciary article. The second disqualification is derived
from section 16 of the Organic Act but the Organie Aet
disqualification applies only to “any office of the Territory.”
(fol. 916] The provision under consideration is different
in that (1) the disqualification of a member applies to a
position or employment, as well as an office, of profit of
the State or any local government or any agency thereof,
but (2) on the other hand, it will apply only to an office,
position or employment of profit that has been created, or
the emoluments whereof increased, by the legislature dur.
ing the term for which such member was elected or ap-
pointed.

{fol. 917] Section 11. Salary of members. Section 11 fixes
the salary of members of the legislature as follows: $1,500
for each general session, $1,000 for each budget session and
$750 for each special session of the legislature. No salary
is to be payable when the senate alone is convened in spe-
cial session. The salaries are to be payable in such install-
ments as may be prescribed by law. The term “salary”
has been used advisedly. While the legislature will have no
authority to change the amount of the salaries fixed in this
section, it is not intended to preclude the legislature from
providing for the payment of per diem allowances and al-

353

Jowances for or reimbursement of travel and other ex-
penses.

Section 12. Sessions of legislature. Section 12 provides
for regular sessions to be held annually, as well as special
sessions of the legislature or of the senate alone. As briefly
stated above, the annual sessions are to be “general ses-
sions” and “budget sessions” in alternate years. The budget
sessions are to be limited to the consideration and enact-
ment of the general appropriations bill for the succeeding
fiscal year and bills to authorize proposed capital expendi-
tures, revenue bills necessary therefor, urgency measures
deemed necessary in the public interest, bills calling elec-
tions, proposed constitutional amendments and bills to pro-
vide for the expenses of such session. Special limitations
are imposed with respect to urgency measures, first, that
each urgency measure must contain in a separate section
a statement of the facts constituting the urgency, anv, see
ond, that no such measure may be considered by «ther
house until such section is first approved by each house.
[fol. 918] Furthermore, in the approval of such section and
upon the final passage of the measure in each house, a two-
thirds vote of all the members to which such house is en-
titled is required. The term “approval,” as used in this
respect, is not intended to require anything more than a
single reading and vote, as distinguished from the passage
of the measure itself, which will require three readings.
The time for the commencement of regular sessions has
been fixed at 10:00 o’clock a.m., on the third Wednesday in
February, the date being the same as provided in section
41 of the Organic Act. General sessions are limited to 60
days, while budget sessions and special sessions are limited
to 30 days, but the governor is authorized to extend any
session for not more than 30 days. Sundays and holidays
do not count in computing the number of days in any ses-
sion.

Section 13. Adjournments. Section 13, which is substan-
tially the same as section 42 of the Organic Act, simply

354

provides that neither house may adjourn for more thay
three days, or sine die, without the consent of the other,

Section 14. Organization; seating and punishment of
members; officers; rules; journal; record of vote. Section
14 includes a number of provisions contained in several
sections of the Organic Act. The provision that each honge
shall be the judge of the elections, returns and qualifica.
tions of its own members is the same as section 15 of the
Organie Act. The provision that each house shall have
power to punish any member for misconduct, disorde-ly
behavior, or neglect of duty is derived from section 27 of
the Organic Act. The grounds for punishment have beep
[fol. 919] enlarged to include misconduct, which term is to
be taken in its broadest sense. Punishment may be
censure or by suspension or expulsion, but a two-thirds
vote of all the members to which the house is entitled is re.
quired for suspension or expulsion. The provision that
each house shall choose its own officers, determine the rules
of its proceedings and keep a journal is substantially the
same as section 20 of the Organic Act. The provision that
the vote on any question shall be entered upon the journal
at the request of one-fifth of the members present is the
same as section 21 of the Organic Act.

(fol. 920] Section 15. Quorum; number required to act;
compulsory attendance. Section 15 is also taken from sev.
eral sections of the Organie Act. The requirement of a
majority of the number of members to which each house is
entitled for a quorum for the conduct of ordinary business,
that of a majority of such quorum for action on ordinary
business, and the requirement of a majority vote of all the
members to which each house is entitled for the final pas-
sage of a bill are the same as in section 22 of the Organic
Act. The provision for the taking of the vote by ayes and
noes and the entry thereof in the journal upon the final
passage of a bill is taken from section 46 of the Organic
Act. The provision that a smaller number than a quorum
may adjourn from day to day and may compel the atten-

355

dance of absent members is the same as section 23 of the

Organic Act.

Section 16. Bills; enactment by bill; subject and title;
enacting clause. Section 16 contains one new provision,
to wit, that no law shall be passed except by bill. This
provision would eliminate the practice of legislating by
joint resolutions. This section further requires that each
law shall embrace but one subject, which is required to
be expressed in its title, as is provided by section 45 of the
Organic Act. The description of the enacting clause of laws
is substantially the same as that specified in section 44 of
the Organic Act.

Section 17. Passage of bills. Section 17 sets forth the
requirement of passage on three readings in each house on
separate days for any bill to become law, as is provided in
section 46 of the Organic Act. The provision for certifica-
tion of bills from one house to the other upon passage is
(fol. 921] the same as in section 47 of the Organic Act.

Section 18. Action by governor; approval; veto; failure
to approve or veto. Section 18 is derived from sections 49
and 51 of the Organic Act, both of which relate to action
on a bill by the governor after passage by the legislature
and certification and presentation thereof to him. A bill
becomes law upon approval by the governor, which is indi-
cated by his signing the same. A bill is vetoed by the gov-
ernor if he returns it, with his objections, to the legislature.
The veto power, in the case of any bill appropriating money
for specific purposes, is applicable to any specific item or
items and may be exercised by striking out or reducing the
same, but as to other bills the veto must be of the bill as
awhole. Such provisions are the same as the provisions of
the Organic Act, except the provision for reduction of
specific items as stated above. If any bill is neither signed
nor returned by the governor within ten days, Sundays
and holidays excepted, after it has been presented to him,
it becomes law unless the legislature by adjournment pre-

a

vents i ® .cturn, in which case it does not become law. This
provision is in substance the same as the second pa aph
of section 51 of the Organic Act, except that holidays as
well as Sundays are to be excluded in computing the tey
day period.

356

Section 19. Procedure upon veto. Section 19 sets forth
the procedure upon veto and is substantially the same as
section 50 of the Organic Act. The requirement of a two.
thirds vote of all the members to which each house ig ep.
titled for the over-riding of the governor’s veto is retained,

[fol. 922] Section 20. Punishment of persons not mem.
bers. Section 20 provides for the summary punishment of
persons not members of the legislature for contempt of
either house or any committee thereof, the punishment
therefor being limited to a fine of not more than $100 or
imprisonment for not more than 30 days. The parallel sec.
tion in the Organic Act is section 25, but there are gsyb.
stantial differences. The proposed section is intended as
a declaration of the inherent power of the legislature to
punish for contempt, but is not intended to prevent the
legislature from enacting legislation to provide for judi-
cial proceedings as an alternative method of vindicating
the authority of the legislature, with such penalties as may
be provided by such law.

Section 21. Impeachment of elective executive officers.
Section 21 provides for the impeachment of the governor
and other elective officers of the executive department of the
State, as distinguished from the judicial and the legisla-
tive branches. Grounds for impeachment are limited to
treason, bribery and other high crimes and misdemeanors.
The power to impeach is vested in the house of representa-
tives but the power to try all impeachments is vested in
the senate. The chief justice presides in case the governor
is being tried. Conviction requires concurrence of two-
thirds of the members present and judgments upon convie-
tion are limited to removal from office and disqualificativa

LERMAN NPAT ENS SRNR INS RUN ETT SA

—

from holding office. Conviction upon impeachment, how-
ever, does not preclude further prosecution and punish-
pr according to law. The foregoing provisions are pat-

terned after the provisions of the Frderal Constitution on
this subject.
(fol. 923] Section 22. Legislative council; duties; salary.
Section 22 establishes a legislative council, to be composed
of such members of the legislature as may be provided by
law. The duties of the council are to collect information
concerning the government and general welfare of the State
and to report thereon to the legislature, to study and re-
rt on such measures for proposed legislation as may be
submitted to it and such other duties as may be assigned
by law. The council is authorized to recommend such legis-
lation as in its opinion the welfare of the State may re-
quire. Members of the council may receive, in addition to
their salary as legislators, such salary as may be provided
by law.
‘tn conclusion, your Committee believes that this proposal
provides a suitable structure for the legislative branch of
the State government that has been, in the main, proved
by our experience under the Organic Act. Your Commit-
tee therefore recommends that this Committee proposal
pass on second reading, subject, however to such amend-
ments as may be made thereto.—June 23, 1950

357

Wm. H. Heen, Hiram L. Fong
Chairman Flora K. Hayes

E. B. Holroyde, Frederick Ohrt
Vice-Chairman Thos. T. Sakakihara

Edward C. Bryan Arthur D. Woolaway

Randolph Crossley

Herbert K. H. Lee and Wm. H. Heen—We do not
concur as to those portions of Sections 2 and 3 of the
proposal which fix the total membership of the senate
and house of representatives, and, unless such mem-
[fol. 924] bership is reduced, we do not concur in the

358
provision for annual sessions contained in Section
12.

Elizabeth R. Kellerman and Cable A. Wirtz—We 4
not concur with sections 2 and 3.

Toshie-Serizawa—lI do not concur with section 2,

Petef Kawahara—I do not concur with sections 2 and 3.

Vol. I, Proceedings of the
Constitutional Convention
; of Hawaii, pp. 249-253

359
In THE Unirep States District Court

For tHE District oF Hawa

Puarntirrs’ Exuipir 14
DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT
STATE OF HAWAII

HONOLULU. MAWAII 96613

statistical Report 22 October 15, 1964

ELECTION STATISTICS OF HAWAII

This report presents statistics on the number of persons eligible to register
to vote for Hawaii elections, the number and characteristics of registered voters,
the number of votes cast, apportionment of the State Legislature (both current
and proposed), and party membership of State and County officials.

Trend data are shown from 1900 forward. Hawaii was annexed to the United
States in 1898 and granted a Territorial form of government two years later.
Statehood was formally achieved on August 19, 1959.

Local government is vested in one combined city and county, three predominantly
rural counties, and one quasi county administered by the State Department of Health.
there are no incorporated cities or towns.

Additional information appears in Guide to Government in Hawaii (Second
tition, 1963), published by the Legislative Reference Bureau of the University of
Hawaii, and in reports of the Office of the Lieutenant Governor.

This summary was prepared by the Statistics Branch of the Department of

Planning and Economic Development. Many of the tables were compiled to update the
section on "Elections" in the Statistical Abstract of Hawaii, 1962. Others were

developed at the request of the Governor and State Legislature to assist in reapportion-
nent of the Legislature. Apportionment was computed by the "Method of Equal Pro-
portions," as recommended by the Advisory Committee to the Director of the Census

and the National Academy of Sciences and described in U.S. Senate Document No. 304,

loth Congress, 3d Session (1940). The same method is specified in the Hawaii State
Constitution (Art. III, Sect. 4).

91S

360

[fol. 926]

>

Tabie 1.--fOrULACLON AND KEGISTERED VOIcaS, FOR HAWALI: ists TO

1902
ee! wen eee 2
Civilian | Regist- Civilian | Repist- ee
pepulia- ered Per cent popula- ered Per cent

trou, voters, of pop. tion, voters, of pop

Year July 1 Nov. registered Year July 1 Nov.=! | repisteres
1902 .,... | 157,100 | 12,612 8.0 1934 ....| 366,700 71,168 | 49.,
1904 27... | 167,600 | 13,253 7.9 1936 ....| 376,600 | 75,059 | 49;
1906 2/... | 166,400 | 13,578 8.2 1938 ....| 388,800 | 83,312 | 2),
1S: 55275 182,000 | 13,274 7.3 1940 ....]| 397,405 | 87,312 22.0
1910 ..... 191,300 | 14,442 7.5 1942 ....| 446,119 | 85,292 19.
1912 ..... | 200,900 | 15,185 7.6 1944 ....| 464,250 | 84,326 18.2
Ce 217,800 | 17,699 8.1 1946 ....] 470,153 | 103,180 | 2)
1916 ..... | 228,600 | 18,981 8.3 1948 ....| 491,146 | 123,616 | 25.)

ct nee 241,700 | 20,124 8.3 1950 ...-| 472,780 | 141,319 | 2949
1920 ..... | 254,500 | 26,335 10.3 1952 ....| 462,494 | 148,717 32.2
1922 2/... | 271,500 | 32,491 12.0 1954 ....] 474,391 | 160,865 33.9
1924 2/... | 294,800 | 34,739 11.8 1956 ....}] 512,200 | 170,258 33.2
1926 ..... | 316,100 | 40,569 12.8 1958 ...-| 555,222 | 175,317 31.6
1928 ..... | 336,400 | 46,058 13.7 1959 ....] 568,661 | 183.118 | 32.2
1930 ..... | 354,100 | 52,149 14.7 1960 ....] 590,650 | 202,059 | 4.
1932 ..... | 268,900 | 63,831 17.3 1S57 .2.-| 635,868 | 221,650 34.9

except for 1959 (July 28).
2/xegistered voter total differs from that reported in Keport of the Governor of

Hawaii to the Secretary of the Interior, 1901-1937: 13,449 in 1904, 13,577 in 1906,
28,806 in 1922 and 29,717 in 1924.

Source: Office of the Lieutenant Governor, records; Hawaii Department of Economic
Development, Intercensal Population Estimates for Hawaii, 1848-1963 (June 3, 1963),
pp. 7-8.

361

(fol. 927]

--POPULATION AND REGISTERED VOTERS, FOR HAWAII, BY COUNTY: 1900 TO 1962

Table 2-
wpe iN Total popy- Registered Per cent of popu-
County and year lation i/ voters 2 lation registered

_—_————

—, re a RAR 154,001 11,218 7.3
. Seseaneeaommenants, Sage" 147442 75
1920 sseeeee dumeenteese bien 255,881 26,335 10.3
1930 .seeee ere Tee eebseus 368 , 300 52,149 14.2
1940 seeeeee oer Perey ol 422,770 87,312 20.7
1950 seeeees pyesewe eve ae 499,794 141,319 28.3
1900 vevercececcreccs vetoes 632,772 202,059 31.3
1962 seeeeee Swiverees seeews 682 ,682 221,650 32.5
city and County of Honolulu:
ee coccccces 58,504 5,704 9.7
1910 weccececcccceseesceeee 81,993 7,990 9.2
1920 .ccccceccccccscocceres 123,496 14,667 11.9
1930 .+e0- hiceeeeney eee ss 202 ,887 32,943 16.0
1940 wee Eceivesseeerereas 257 ,696 50,370 19.5
1950 ceccccccececceccecsere 353,020 93,353 26.4
ME lntvedhesvewsevesvees 500 ,409 147,123 29.4
1962 wecccccccccccscccccces 549,081 164,324 29.9

Other counties.

19000. .-eecccccevcccccoes 95,497 5,514 5.8
IWO)ZT: even tecveetescvcctes 109,881 6,887 6.3
1920 .ccccccewsecsecescccce 132,385 11,668 8.8
WD ccctdvcseccescccoeves 165,413 19,638 11.9
1940 wecvccccee cocceccccces 165,074 36 , 942 22.4
1950 wecccccccceccccccccece 146,774 47 , 966 3.7
190° .occcccce Kecoesceve see 132,363 54,936 41.5
Mesh se ieee ss Tee Rate 133,601 57,326 42.9

Vas of June 1. 1900; April 15, 1910; January 1, 1920; April 1, 1930 to 1960;
and July 1, 1962.

2 For general elections held in November. The 1900 total refers to 1901.

Source: U.S. Bureau of the Census, various bulletins; Office of the Lieuterunt

cwernor, records; Hawaii Department of Planning and Economic Development, preliminary
1%2 population estimates.

SMH SRE BIE 8 EGER RY SOR LLIN EEE I SME SIS YEE SERED DS EEO ED PE BE

362
[ fol. 928]

Table 3.--POPULATION, APRIL 1960, AND REGISTERED VOTERS, NOVEMBER 1960, FoR

HAWATI, 3y
LEGISLATIVE DISTRICT

——_—
Registered Per cent of

District Population voters registered

———__
The State ...cccccccedce 632,772 202 ,059 31.9

Rt

SENATE
DESOE. scccevertwctdeviesteuse 44,297 19,266 43.5
DRONE ce dicovarert*ervvsxeee 17,035 6,793 39.9
WEE cevctctsrinadns tivdeeds 42,855 17,539 40.9
FOUECR seccsccescstveesceesvus 182 ,307 73,981 40.6
BATE scvcccvidededsovecnnves 318,102 73,142 23.0
SERGE vo v.ddccvecvdcceccessees 28,176 11,338 40.2
HOUSE

DE beecdutuse te rdeseurencdc 5,030 2,237 44.9
SOOM ccccccvccreccecccoseve 31,553 14,036 44.5
TREES .cccccccccccccvcesocece 7,714 2,973 38.5
FOGBER ccccccccscccececocevess 11,369 4,073 35.8
FEEER crccseccvcccvccsevesees 5,666 2,720 48.0
SABER cccccscccccccccvccvcece 7,138 2,574 36.1
SOVERER cc ccccccvcccesscecees 35,717 14,965 41.9
THOR ssc rsccovsccevecvesees 68,281 18,369 26.9
Binth wcccccccccccccccccccces 42,816 7,410 17,3
TOBER ccccvecvescevevcccceces 95,118 17,003 17.9
Bleveath .ccccccccccccccccccs 57,743 12,553 21.7
PBLVEER. cece ccccccvacsceuces 25,552 10,000 39.1
TRISCCOREK. . cccccccccccseces 28,592 7,807 27.3
Fourteenth 26. ccccccccccccces 42,476 16 ,056 37.8
FASCOOREE 660 cecvonccceseceve 60,125 25,869 43.0
Sixteenth 2.6 ccccccccsccvceses 42,750 16,176 37.8
BOCGNRORED woe cécdctcesevese 36,956 15,880 43.0
BIGREOORER 2 cc cvcccccceceocce 28,176 11,338 40.2

Source: U.S. Census of Population, 1960; Office of the Lieutenant Governor.

363

(fol. 929]

table 4 _-TOTAL POPULATION, CITIZENS OF VOTING AGE, AND REGISTERED VOTERS, FOR HAWAII:
A .

1900 TO 1960
U.S. citizens of voting
acnnt age 6.0 SF 7.2 78.0
Not employed ........ 4.9 5.1 4.6 64.7 9.6 7.7 17.9 65.7
Occ, not reported ... 0.1 0.2 - eve - - - -

(Continued on next page.)

te

369

(fol. 935]

0%, tH .cHARACTERISTICS OF THE HOUSEHOLD POPULATION 18 AND OVER, BY VOTING REGISTRATION, FOR
ah
THE ISLANDS OF OAHU AND HAWAII: JANUARY 1961--Cont.
Island of Oahu Isiand of Hawaii
Per cent distribution Per cent distribution

“a. Not Per cent Not Per cent
il Regis- | regis- regis- Regis- | regis- regis-

a tered | tered tered + Total ||tered | tered j|tered +

gudject Total

jy income :

than $4,000 ... | 15.1]! 10.6 | 22.7 43.8 34.6 || 31.3 | 49.0 74.0
5 Bbw to $4,999... | 12.6]] 10.3 | 16.5 51.1 16.4 || 16.4 | 16.4 81.7
1 Mem to $6,999... | 26.6]| 26.9 | 26.1 63.3 24.0 || 24.9 | 20.4 84.5
to $9,999... | 23.5/] 26.0 | 19.3 69.3 13.5 |] 14.4 9.2 87.5
“10 to $14,999 . 16.1]} 18.6 | 11.8 72.4 8.7 9.9 3.0 93.7
0 or more .... | 6.1 7.5 | 3.6 77.7 2.8/| 3.0 | 2.0 | 87.1

—-FoOow fu

Lot shown separately where base (unexpanded) is less than 50.
‘yonolulu (on Oahu) or Hilo (on Hawaii).

1 Bvefers to head of household.

3 Tswee of tables 8 and 9: Royert C. Schmitt, Characteristics of Voters and Non-Voters
3 ii (University of Hawaii, Romanzo Adams Social Research Laboratory, Report No. 31,
et 1961).

(fol. 936]

Table 10.--REGISTERED VOTERS BY PARTICIPATION IN GENERAL ELECTIONS, FOR HAWAII: 1958 10 19

General election
and Senatorial Number voting in
district Registered voters general election Per cent voting
1958, all districts ...... 175,317 154,293 88.0
1959, all districts ...... 183,118 171,383 93.6
1960, all districts ...... 202 ,059 188,206 93.1
1962, all districts ...... 221,650 200 ,441 90.4
First District ........ 20,053 18,594 92.7
‘Second District ....... 7,141 6,560 91.9
Third District ........ 18,325 16,658 90.9
Fourth District ....... 80 ,490 72,059 89.5
Fifth District ........ 83 , 834 75,669 90.3
Sixth District .....ee- 11,807 10,901 92.3

Source: Official Tabulation Results of Votes Cast - General Elections of November 4,
1958; July 28, 1959; November 8, 1960; November 6, 1962.

Table 11.--REGISTERED VOTERS, BY SEX, FOR HAWAII, BY COUNTY: 1960 AND 1962

November 8, 1960 November 6, 1962

County Total Male Female Total Male

The State ....sseeeee 202,059 |] 104,591 97,468 | 221,650 114,291 | 107,359

CEE Sica vecceeecckeee 26,059 23,478 12,581 27,194 14,048 | 13,146
ee er Pee 147,123 75,863 71,260 | 164,324 84,320 | 80,004
SME Lob eos caareaw ens 11,338 5,983 5,355 11,807 6,242 5,565
Maui and Kalawao ........ 17,539 9,267 8,272 18,325 9,681

Source: Office of the County Clerk, each county.

371

(fol. 937]

| 19
le 12.--POPULATIOX, 1960, AND REGISTERED VOTERS, 1958 TO 1962, FOR HAWAII, BY COUNTY

.

Population, 1960 Reg. voters, general election
In
civilian
Total |Civilian | areas 1958 1960 1962

County

The State .....+se+e+++ | 632,772 | 585,505 561,100 | 175,317 | 202,059 | 221,650

lulu County ...++++++++ | 500,409 | 453,582 [429,076 | 121,647 | 147,123 | 164,324
wer COUNTIES ..-eeeeseeee | 132,363 | 131,923 | 132,024 53,670 54,936 57,326

Pr} a | 61,332 | 61,079 61,105 25,534 26,059 27,194
vwui (incl. Kalawao) ...| 42,855 | 42,810 42,839 16,755 17,539 18,325
CT) 28,176 | 28,034 28,080 11,381 11,338 11,807

‘;

source: 1960 U.S. Census; Office of the Lieutenant Governor.

“

owe oo

372
[fol. 938]

Table 13.--APPORTIONMENT OF HAWAII STATE LEGISLATURE, BY COUNTY, UNDER VARIOUS Bases

Reapportioned on basis

Reapportioned on basi,
of registereg voter

of population
In 1958 1960
Current civil- elec- Jelec.
Body and county basis Total | Civilian /ian areas} tion tion
SENATE
Honolulu County .......... 10 20 19 19 17 18
Other counties ........... 15 5 6 6 8 7
BRUGES scnevccsscsccesss 7 2 3 3 4 3
Maui (incl. Kalawao) ... 5 2 2 2 2 2
GE Nadcecnescanacsnse 3 1 a | 1 2 2
HOUSE OF REPRESENTATIVES
Honolulu County .......... 36 40 40 38 36 37
Ocher Counties ..ccccccces 15 ll ll 13 15 14
Er eee 7 5 5 6 7 ?
Maui (incl. Kalawao) ... 5 4 4 4 5 4
BRUNE . cewresovcessseece 3 2 2 3 3 3

|

1962
elec.
tion

-

we Rwnvo

38
3

Source:

Computed by'Method of Equal Proportion#’ from table 12.

a —_

373

(fol. 939]

Table 14.--REAPPORTIONMENT OF HAWAII STATE LEGISLATURE, 3Y SIZE, BASED ON TOTAL
1960 POPULATION

Other counties
City and
Size of County of Maui and
body Honolulu Total Hawaii Ka lawao Kauai
nae 16 4 2 1 1
aaa 17 4 2 1 1
Daas 17 5 2 2 1
Mae BR 18 5 2 2 1
ce Ee 19 5 2 2 1
wes 20 5 2 2 1
vuceesrs ee 20 6 3 2 1
PaLOF sae 21 . 3 2 1
eehtasea eae 22 6 3 2 1
endeces 23 6 3 2 1
ated 24 6 3 2 1
Kekuwets.es 25 6 3 2 1
veaee 25 7 3 2 2
devedeens 26 7 3 2 2
ateeee eons 27 7 3 2 2
vasdooos 28 7 3 2 2
peewee 28 8 4 2 2
pevees 29 8 4 2 2
eevee 29 9 4 3 2
saveecues 30 9 4 3 2
gece one 31 9 4 3 2
ieeeeuwee 32 9 4 3 2
éoeves 33 9 4 3 2
exnkeuse 34 ] 4 3 2
TTT TT 35 9 4 3 2
sebeeonee 36 9 4 3 2
+eebenes 36 10 5 3 2
eveveeer 37 10 5 2 2
dae eee 38 10 5 3 2
Perverts 39 10 5 3 2

Continued on next page.

374

[fol. 940]

Table 14.--REAPPORTIONMENT OF HAWAII STATE LEGISLATURE, BY SIZE, BASED oy TOTAL
1960 POPULATION--Cont.

Other counties ire |
City and
Size of County of Maui and
body Honolulu Total Hawaii Kalawao Kauai
sd

. error 40 10 5 3 2
BP cnccdvscss 40 li 5 4 2
SO be cacdecus 41 ll 5 4 2
SP srcvcvoees 42 ll 5 4 2
GO vivewdvces 43 1l 5 4 2
BF sccesceper 44 li 5 4 2
Oe POT 44 12 5 4 3
ST svccoesece 45 12 5 4 3
Oe ewreeceese 45 13 6 4 3
SD vicswavwesse 46 13 6 4 3
GO cecccccese 47 13 6 4 3
OD eccdtacviucs 48 13 6 4 3
WE cgavedeoes 49 13 6 4 3
GD ce creseecs 50 13 6 4 3
Be ccneuues 51 13 , 4 3
GS cvcscccces 52 13 6 4 3
BG -deccccses 52 14 6 5 3
OF wcndcavess 53 14 6 5 3
OG: cicccdcces 53 15 7 5 3
OF cscscdivss 54 15 7 5 3
TO scddeceress 55 15 7 5 3
TE svoudveeee 56 15 7 5 3
Td sevdeseess 57 15 7 5 3
TE can ditande 58 15 7 5 3
ae sivdewanes 59 15 7 5 3
TS vccscccece 60 15 7 5 3
TG Sececdsdve 61 15 7 5 3
tS re weds 61 16 8 5 3
: i, Sere reer e 62 16 8 5 3
ere eee 62 17 8 § 4
BO veascceces 63 17 8 5 4
Source: Computed by "Method of Equal Proportions" from data in table 12.

. 941] 375

In tHE Unitep States Districr Court

0

For tHE District or Hawa

Puarmntirrs’ Exuisit (5
DEPARTMENT OF PLANNING AND ECONOM,.c DEVELOPMENT

STATE OF HAWAII
HONOLULU. HAW!" 96613

November 6, 1964

|

CORRECTIONS

Statistical Report 20, "Military Personnel and Dependents
in Hawaii, July 1964" (July 27, 1964).

The total number of military families in Hawaii as of July 1, 1964 was
21,631, not 19,631. The incorrect figure appears in the eighth line of page 1

and in table 1 (page 4), table 2 (page 5), and table 4 (page 7).

The number of military families on Oahu as of July 1, 1964 was 21,476,

not 19,476, as reported in table 2, page 5.

The number of Navy families in the State as of July 1, 1964 was 6,803,

not 4,803, as reported in table 2, page 5, and table 4, page 7.

The number of Navy families on Oahu was 6,746, not 4,746, as reported

in table 3, page 6.

Tel

376

DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT

STATE OF HAWAII
HONOLULU. HAWAII 96613

[fol. 942] |

Statistical Report 20 July 27 1964

MILITARY PERSONNEL AND DEPENDENTS IN HAWAII, JULY 1964

The number of military personnel and dependents in Hawaii increased Sharply
between July 1, 1963 and July 1, 1964, according to information compiled by the
Hawaii Department of Planning and Economic Development from the armed forces. The
mid-1964 total was 128,930, compared with 125,602 six months earlier and 118,588 4
year ago.

The new total includes 59,840 officers and enlisted men (47,959 Stationed
ashore and 11,881 aboard ships homeported in Hawaii) and 69,090 dependents domiciled
in Hawaii. The number of military families was 19,631.

All branches of the armed forces were represented. Air force personne] and
dependents numbered 25,113; Army, 35,769; Coast Guard, 3,108; Marine Corps, 21,135;
and Navy, 43,805.

Most of the armed forces and dependents were on Oahu, which accounted for
128,095 of the total. Figures for other islands were: Hawaii, 341; Maui, 98;
Kauai, 308; Molokai, 40; and outlying islands, 48. The latter group included 2]
Coast Guard personnel on tiny (64-acre) French Frigate Shoal, 556 statute miles
northwest of Honolulu, and 27 on Kure Island (one-third of a Square mile), 1,367
Statute miles northwest of Honolulu. Both French Frigate Shoal and Kure Island are
legally part of the City and County of Honolulu. Johnston Island, with 145 Air Force
and Coast Guard personnel, and the Midway Islands, with 2,402 Navy personnel and
dependents, were excluded from this tabulation because they are not under State
jurisdiction.

Recent figures on officers and enlisted men in Hawaii are well below wartime
totals. The all-time high occurred in 1944, when 407,000 servicemen, including those
aboard ships in Island ports, were reported in the Territory.

The armed forces account for a sizeable fraction of the State's population and
labor force. At the beginning of 1964, 17.6 per cent of the resident population of
the State (21.5 per cent for Oahu) were military personnel or dependents. About 26.5
per cent of all employed persons in the State (31.3 per cent on Oahu) were either
military personnel or civilian employees of the armed forces.

Statistics on military families appear in these reports for the first time.
A "military family" is defined as a family headed by a member of the armed forces.
A family, in turn, is defined as two or more persons related by blood, marriage, or
adoption and living together. A “military household," im contrast, consists of a

———

(fol. 943]

377

of a regular i.cusing unit) headed by a member of the armed
ing alone in a house or apartment would be classified as a

ousehold (the occupants
a “miiicary tamily."

A serviceman liv

orces.-
a id" out avt as

ailitary hour -n0
itary tamilies should be wsed with caution. The figures tor earlier
a few months ago by local commanding officers and their

ome of which was incomplete or only approximate.
subject to estimating error. The 1950 total

rowa here (IL, ) differs significantly from the corresponding
ensus count of military households (7,709) .1/ The 1960 total given here (19,631
“litary families), however, is much closer to the Census figure for the same date
19,642 families) A/ The erratic trend shown for the last twelve months is somewhat
erplexing .3

Dat’ -m val
s ace estimates made
fs from available information, §
1950 in particular are
640 military families

ear
tat
pe data for

reconstruct 1950 data on military personnel and
jependents . The rough estimates provided by local conmanding officers indicated
19,404 members of the armed forces and 38,325 dependents for Hawaii in that year.
The 1950 Census reported 22,856 officers and enlisted men for that date.4/ More
recent discrepancies between official series have resulted chiefly from differences

in definition and coverage a

An effort was also made to

Census statistics on the population living on military bases in 1960 likewise
for the first time. These counts were provided by the Bureau of the
Governor John A. Burns, for use in reapportionment of the

sppear here
for earlier years were published by the Honolulu Redevelop- .

sensus at the request of
State Legislature. Data
sent Agency .&

in the accompanying tables. A more extensive

Detailed information appears
review of historical trends, including — of definitions and sources, may be

found in earlier reports of this series.

u/ Unpublished U.S Census data cited in the Honolulu Redevelopment Agency,

Redevelopment _and Housing Research, No. 12, April 1958, p. 27.

2/y.s. Census of Population: 1960, Final Report PC(1)-13D, table 146. Military
households in 1960 numbered 19,700 (see the Hawaii Department of Planning and Research,

Military Statistics for Hawaii, 1961-1962, Research Report 16, February 8, 1962, p. 7).

3/ For conflicting data from other sources, see the Honolulu Redevelopment Agency, -
Research, No. 23, July 1963, p. 14 (23,900 military house-

Redevelopment _and Housing
Honolulu Advertiser, April 2, 1964 (26,850

holds on Oahu in October 1962) and the
"families here now").

4 quoted in present report, table 8.

See also the Department of Defense report quoted

3/see present report, table 9.
1964 (63,831 military dependents exclusive of

in the Honolulu Star-Bulletin, June 11,
Coast Guard).

§/totais are cited in the present report, table 7.

LU the most recent was Military Personnel and Dependents in Hawaii January 1964 (Sta-
tistical Report 14, February 15, 1964), which, on page 2, listed previous reports in
this series as well as pertinent studies by the Honolulu Redevelopment Agency.

REMAN Te testy Setar

EE ee R ANE BERN RTS

378
(fol. 944]

ihe data an this study were compiled largely by the Statistics Branch of
the Department of Planning and Economic Development from unclassified formation
Supplied by the Air Force, Army, Coast Guard, Marine Corps, and Navy. a) The
cooperation of the armed forces in making these data available is gratefully
acknowledged.

8/0 Separate statistics were compiled for the National Guard. For a discussion

of the statistical treatment of National Guard members, see the letter from Major
General FP. W. McKinney quoted in the Hawaii Department of Planning and Research

Military Personnel and Dependents in Hawaii, July 1961 (Research Report 9, August 15,
1961). page 1, footnote 1.

379

(fol. 945]

tele 1.--MILITARY PERSONNEL, DEPENDENTS, AND FAMILIES, FOR HAWAII: 1950 TO 1964

ins estimated locally. For estimates from other sources, see tables 8 and 9 and text.)

ee Personnel Military personnel Dependents
and Aboar is.., Military
Date dependents Total Ashore ship | Hawaii i families

ee

1964, July 1 .+--+es 128,930 59,840 47,959} 11,881 | 69,090 19,631
January 1 .... 125,602 59,626 48,242] 11,384 | 65,976 23,025
1963; July 1 ..-see 118,588 57,093 45,354] 11,739 | 61,495 21,651
January 1 .... 122,968 59,429 47,413 | 12,016 | 63,539 21,967
1962; July 1 ..eeeee 122,933 59,702 48,020] 11,682 | 63,231 21,973
January 1 .... 121,464 59,487 47,402} 12,085 | 61,977 21,281
161; July 1 ...-ee 118,381 56,348 44,155] 12,193 | 62,033 21,007
January 1 .... 115,324 54,653 43,723 | 10,930 | 60,671 19,567
10° Apral 2 ..+s-s 112,938 52,881 41,927} 10,954 | 60,057 19,631
1959. Spramg .-se++s 112,525 56,303 (NA) (NA) | 56,222 (NA)
8: June 30... -- (NA) (NA) (NA) (NA) | 55,641 (NA)
\97; September 30 . (NA) (NA) (NA) (NA) | 52,962 (NA)
90 April Loo svees 67,729 29,404 (NA) (NA) | 38,325 11,640

NA Not available.

/

{bata for 1957 and 1958 exclude a small number of dependents on islands other
tn Cahu. The Oahu count for June 30, 1959 was 55,618.
Scurce follows table 4,

380
(fel. 946]

Table 2.--MILITARY PERSONNEL, DEPENDENTS, AND FAMILIES, BY SERVICE AND ISLAND, FOR ayy,
JULY 1, 1964

Personnel | Military personnel _ | Dependents
and Aboard in Militar
Island and service dependents Total Ashore ship | Hawaii 1/ Sesthies
peecillasilad

The State ........} 128,930 59,840 47,959 | 11,881 69,090 19,631

By island: i/
GHEE iaiccidecsciserdc | 120,099 59,431 47,577 | 11,854 68 464 19,476
Hawaii ....sseeeeees 341 171 157 14 170 “hi
Maul .occececceceres 98 41 28 13 57 20
Kauai .ccccccesseees 308 131 131 - 177 3
Molokai ..sseeeeeees 40 18 18 - 22 8
French Frigate Shoal 21 21 21 - - ‘
Kure sesceeceerceers 27 27 27 - : ;

By service:

Air Force ....+++ cool 259,389 7,808 7,808 - 17,305 4,944
ATMY coccccccsrevese| 35,769 19,000 19,000 - 16,769 5,800
Coast Guard ....++++- 3,108 1,355 568 987 1,553 523
Marine Corps .......}| 21,135 10 ,450 10 ,446 4 10 ,685 3,561
Navy ccccccccceeeeee| 43,805 21,027 10,137 | 10,890 22,778 4,803

see table 3 for Johnston Island and the Midway Islands, not part of the State
of Hawaii.

Source follows table 4.

381

(fol. 947]
le 3.--MILITARY PERSONNEL, DEPENDENTS, AND FAMILIES, BY SERVICE, FOR HAWAIL, BY ISLAND:
Le von
JULY 1, 1964
Ss
Personnel Military personnel Dependents

and Aboard in Military
service and island dependents Total Ashore ship Hawaii families
AIR FoRcE /
nu eudiheiee cess 25,026 7,775 7,775 - 17,251 4,926
ait DOTA OS 31 ll ll e 20 6
DS Ue ewrarneboeeee 56 22 22 - 34 12
ARMY
ie pve rdedecoeeeens 35,589 18,915 18,915 - 16,674 5,773
ec iuaw pWaneeas 148 1% 1% 7 1% *
eS Leeverwedhe ° 19 5 5 e 14 4
BL nccccces eeee 5 4 4 - l 1
okal eee . . 8 2 2 - 6 2
coast Guarp 2/
BD scvvecteourcedne 2,820 1,410 450 960 1,410 470
BAL cccccccrecocs 106 49 35 14 57 28
SS adehitieW ee eueeed 23 14 1 13 9 4
ai PTeTERE EERE 79 18 18 e 61 15
OKML veveevvveeens 32 16 16 - 16 6
nch Frigate Shoal 21 21 21 - - °
Pcceeeereereeeees 27 27 27 = = e
MARINE CORPS e
Ripe ebevesovewnee 21,129 10 ,444 10 ,440 4 10,685 3,561
Ma vevscccvceee ee 6 6 6 - ° e
navy 2/
err eer ror. 00 43,531 20 , 887 9,997 10,890 22,644 4,746
8 cuces teevioene 50 31 31 - 19 20
Ociseesg coud oine 224 109 109 - 115 37
1/

= Excludes 119 personnel on Johuston Island, not part of the State of Hawaii.

2 excludes 26 personnel on Johnston Island, not part of the State of Hawaii.

™ Excludes 1,608 personnel and 794 dependents on the Midway Islands, not part of the
e of Hawaii.

Source follows table 4.

i . —_— = preety
as SES rceee corncuee PEN AE UI ONO MSMR ES BIR SB Sah AOE EI BNNE Parra

382

[fol. 948]
table 4.--ARMED FORCES, DEPENDENTS, AND MILITARY FAMILIES, BY SERVICE, FOR HAWAII:
1950 TO 1964
—
All Air Coast Marine
Category and date branches Force Army Guard Corps Navy
Armed forces: 1/ ‘ *
Apr. 1, 1950 2/.... | 29,404 3,954 6 ,500 1,150 2,800 | 15,099
ie. 2 2 2800s. 52,881 6,089 15,500 1,393 29,934
Jan. 2, 1961 ... Ly MILTLARY INSTALLATIONS IN HAWAIL, BY coupry.
APRIL 1, 1960

ee -_-—— = T ™
County | Population Housing units
ee ee nnd
The StSCe .-ecces | 71,672 13,238 -
a Bg !
Ee RET Sea bind 4 ed 227 25 ‘
OS ere corre ; ‘ 71,333 13,212 i
Kalawic SA: 4 2 a
Rai -.cccrccvere o4 F.6 cooe| 96 l i
ME dceeneseneacuvnes« H 14 ba
Source: Computed from present report, table 5.
Table 7.--POPULATION IN MILITARY INSTALLATIONS IN HAWAII: 1920 TO 1960
Year Cahu Year The State Oahu |
|
ne anvegus 5,942 ERED ewe cavenscesie 40.991 40,928
BOO. . stewessavewss 19,000 SUED wscuveccevdees 71,672 71,333
WE ov avceceas ox 29,831-

Source: Honolulu Redevelopment Agency, “Available Statistics on the Military

Popula’ion of Hawaii,” Redevelcpment and Housing Research, No. 5, July 1956, pp. 36-39;
present report, table 6.

387

(fol. 953]

g,--SCLDLERS, SAILORS AND MARINES, 1900 TO 1940, AND ARMED FORCES, 1940 TO 1960,
WOR THE STATE OF HAWAII

ae:
Soldiers,
sailors and Armed

- Dare marines — Date forces
—_———» Pp. 22- .

Source: U.S. Bureau of the Census, Current Population Reports, Series P-25, No.
@0 (October 7, 1953), Mo. 229 (May 22, 1961), and No. 289 (August 31, 1964). U.S.
Office of Business Economics, Income of Hawaii (1953), table 4, p. 20. Letters from
Rebert E. Graham, Jr., U.S. Office of Business Economics, July 11, 1961, July 30,
1962, June 24, 1963, and May 14, 1964.

_—..aeeamaammamnaEy

(fol. 955]

+ .-POPULATLON AND EMPLOYMEN™. EY MILITARY STATUS, FOR HAWAII, BY COUNTY:

389

Table ae
JANI ARY 1, 1964
Nuat er Per cent
The Honciulu | Other The Honolulu Other
Subject State County j|counties} State County counties

POPULAT LON
MOE iv ccce 714,092 580,800 | 133,292} 100.0 100.0 100.0
tary personnel 2/.... 59,626 59,343 283 8.3 10.2 0.2
tary dependents ...-.. 65,976 65,644 332 9.2 11.3 0.2
civilians... .65. +s 588,490 | 455,813 | 132,677) 82.4 78.5 99.5
EMPLOYMENT
EEE Micccseccevesens 296,123 249 ,604 46,519} 100.0 100.0 100.0
tary personne? 4/..... 59.626 59.343 283| 20.1 23.8 0.6
‘lian emplovees of

sed forces 2/......... P 18,798 18,758 40 6.3 7.5 0.1
1 employed civilians 2 217,699 | 171,503 | 46,196} 73.5 68.7 99.3

Vine tudes perscrnel aboard ships homepcrted Hawaii.

Las of January 12, 1964.

Source: Hawaii Departmens of Pianning and Economic Development, Military Personnel
‘fevercerts ir Hawaii, January 1964 (Statistical Report 14, February 15, 1964), p. 3,
Tre Popzlation of Rawat, January 1964 (Statistical Report 15, March 31, 1964), p. 6
.: Department cf Latcr and industria: Relations, records.

390
(fol. 956]

Table 11.--DEPARIMENT OF DEFENSE ACTIVE DUTY MILITARY PERSONNEL IN tiawAil- 1849 Ty 196

Shore Naval Shore cea
Year 1/ based afloat 2/ Year 1/ based afloat 2/
Ss
THD .cvccccccces 27,665 eve 1957 woceecccecee| 38,523 9,850
1943 .ccccccccces | 194,300 eee 1958 ..ceecceeeee| 35,849 6,594
1944 ...ceeeeeeee | 442,160 eee i Ee -| 37,536 7,034
1945S .cccccccccee | 322,372 eee 1960 wccccccccseo] 35,970 7,155
LGA. ccccccevvcse 58,837 eee 1961 ...ccccseeee} 37,681 6,384
1947 .ccccccccces 34,900 coe
SING vevcviccccee 29,662 eos 1962: June 30 ..| 41,615 5,737
1949 ..ccccccccce 22,553 eee Sept. 30 .| 41,657 6,505
| nT Ee 19,408 eee Dec. 31 ..| 41,586 5,980
1951 ..-cecccccee 27,603 7,588 1963: Mar. 31 ..] 40,031 6,471
4952 wccccercccee 26 ,486 7,039 June 30 ..] 41,018 5,966
EDSS. vc cccccsoncs 24,785 8,595 Sept. 30 .| 40,610 5,764
1954 .ccccccccces 21,669 7,131 Dec. 31 ..}| 42,646 5,977
1955 cccccccscves 39,611 6,623 1964: Mar. 31 ..| 44,649 6,007
1956 ..cccccesece 39,688 7,278

Footnotes and source follow table 12.

Table 12.--DEPARTMENT OF DEFENSE MILITARY DEPENDENTS LOCATED IN HAWAII: 1954 10 1964

Year 3/ Dependents Year 3/ Dependents
1954: December 31 ...... 36,199 See ee Pee eee 62,608
1956: January 31 ....... 49,955 BEES et eres nedeweotdeve 63,172
1957: January 31 ....... 53,654 SOF 0b awe ecnoteee sees 63,889
BOGE, Jccgssdidiaevcsuciess 56,976 BE WSs beeeureceeevines 66,425
Se She evavcdesdisevoces 50 , 882 BOE Swcncvevencv es 5.ons, blecks, or enumeration districts.

Three petenti:al problem: sheul¢ be kept in mird when using data on armed forces
from the 1960 Census:

1. They are not avetlabie ‘excepct at considerable cos: for
special tabulations) for mary cf the smaller areas for
which total population car be cbhtaimed, such as enumeri~
tior. districts and city biocks.

2. They were developed from a 25 per ceri semple (the totel
population, 1m contrast was taken from a full enumera-
tien) ana berce are subjec’. +o sampling variation.

3. The 1960 Census r.ctal or armed forces (47.267) aiffers
warkecly from the correspondcisg total reporzed by ne
Deparcment cf Lefense ro the Furese cf she Census
(54,090. or bv iocal commanding officers to tne State
vepartmen> of Plarning and Fecnomic Development 452,861).
lt a3 not knowmwherher the differerce resuitee from
errcr in the records of the armed forces. an undercount
cf military perscnvei in the Census. or misreporting of
servicemer a5 civilians in cne Cersus. The bureau ef the
Cersus imolicitiv takes the iatter pesitice in its postcensal
reports. adopting che published cens.s frgure for the total
1960 pepuletion are a civilian figure derived from tae
bepartmen:. of Defense military counts

As noted earlier, the civilian pop-tation excludes memters of the Air Force, Army,
Coast Guard, Marire Corps, ang Navy, dur includes military cependenrs (except for
WAC and WAVE personnei married to servicemen) and ail civilian employees of the armed
forces.

Semi-annual estimates of civilian de facto population, including visitors present
but excluding absen: residecce, sre published by the State Department cf Health.

394
{fol. 960]

Population of civilian areas

The population of civilian areas consists of ail persons living on land not
military control. Each military base was classified as a "special enumeration a
for the 1960 U.S. Census. Unpublished population counts for these special enum
districts can be obtained from the Bureau of the Census. Subtracting the sepuletien
totals for these areas from the overall State figure leaves the population of Civilien
areas.

Census data indicate that persons living on military bases in Hawaii on-Apri) |
1960 numbered 71,672, with 71,333 on Oahu and 339 on other islands. These totaly |
included armed forces in barracks, military families (both servicemen and dependents)
in Wherry or Capehart Act housing areas, civilian employees of the armed forces
domiciled in such areas, persons living in Coast Guard stations, and the officers ang
crews of Navy and Coast Guard ships in Hawaii ports on the Census date. Some of the
more populous military bases were Schofield Barracks (14,873, including 6,264 civilians
Kaneohe Marine Corps Air Station (6,397, including 2,631 civilians), and Barbers
Point Naval Air Station (5,998, including 2,722 civilians).

Some military areas are more civilian than military in character. The Navy ovned
1,697 housing units on Oahu as of April 1, 1960 which were operated by the Hawaii
Housing Authority and occupied in part by veterans, civilian employees of the armed
forces, and other persons not classified as active military personnei.

American citizens

The number of American citizens living in Hawaii can be estimated by subtracting
the 1960 figure on aliens compiled by the U.S. Immigration and Naturalization Service
from the 1960 Census count on tctal population.

Annual tabulations are made on alien population, by nationality and residence
status (permanent or non-permanent resident), for each State in the nation, as part
of the alien address reports program of the Immigration and Naturalization Service,
Except for special tabulations made at widespread incervals, there is no effort to
show geographic detail below the State level. Neither age nor sex of the aliens is
reported. Data presumably refer to the beginning of tne year (the Census, in contrast,
refers to April 1). The 1960 total for Hawaii was 51,316.

The 1960 U.S. Census reported place of birth but not citizenship. The foreign
born population of Hawaii numbered 68,900 in 1960.

Popula e e to ste

The population eligible to register to vote includes all residents except
the following: persons less than 20 years of age; aliens; residence of the State
for less than one year as of the day of election; persons unable to speak, read and
write either Hawaiian or English; persons who are non compos mentis; persons convicted
of felony unless pardoned, No one is deemed to have gained or lost residence simly
because of his presence or absence while employed in che service of the United States,
or while engaged in navigation or while a student in school. These provisions are
part of the Hawaii State Constitution (Art. II, Sec. 1-3).

395

{fol. 961]

rhe oligibalaty of members of the armed forces and their deperdents appears to be
pnetter of some controversy. Most servicemen are natives of ctner States, stationed
for varying periods in Hawaii and likely to move elsewhere at the er¢ ef their teur
of duty. Many are registered voters in other States. However, a sizeable percentage
are Hawai residents. A sample survey made by the Honolulu Star-Bulletin in Cctober
1962 and published by the Honolulu Redevelopment Agency (in Redevetopmen> and Housing .
Research, July 1963, pp- 14-19) indicated that 23,909 hovseholds headed by a member
of the armed forces lived on Oahu. An estimated 8.3 per cent of these household heads
vere Hawaii-born, 71.5 per cent had lived in Hawaia at least one year (and 11.4 per
cent over five years), and 6.7 per cent occupied their own homes.

A rough approximation of the population eligible to vote, by county, appeared in
a report issued several years ago by the now-defunct Romanzo Adams Social Research
Laboratory of the University of Hawaii (Robert C. Schmitt, Characteristics cf Vorers
Vi , Report 31, November 1961). Its chief findings are summarized
in table 1 of this presentation. A more recent estimate, prepared by the Department
of Planning and Economic Deve’ opment is given in table 2.

Many components of the eligible or ineligible population must be estimated from
inadequate data. For example, it is possible to obtain civilien non-instatutionel
population 20 and over from the 1960 Census, but data on military dependents registered
in other areas, aliens 20 and over, absentee voters, and persons with less than one
year residence are not readily available. Such a set of estimates is necessarily
inexact, even at the State level; for counties or smaller areas, or for postcensal
dates, even greater imprecision is inevitable.

Registered voters

Totals on registered voters are compiled for every election, by senatoriai or
representative district and precinct. A breakdown by sex is available but not usuaily
published. The boundaries used for election districts and precincts, unfortunately,
do not follow census enumeration boundaries.

mn Reapportionment on each basis

Tne choice of definition for “population” may greatly affect che rumber cf
legislators assigned to each county. For at least four of the definitions cited in
the preceding pages ~~ total population, civilian populeticn, the population in civilian
areas, and registered voters ~~ sufficient statistics are availabie to permit making an
apportionment by county. Lack of date precluded such a computation based on citizenship

or eligibility to vote.

Apportionment was computed by the "Method of Equal Proportions," a&@ recomnended by
the Advisory Committee to the Director of the Census (in i921) ard the National
Academy of Sciences (in 1929) and described in Senate Document No. 304, 76tn Congress,
34 Session (1940). The same method is specified in the Hawaii State Constitution

(art. IIL, Sec. 4).

Basic data were taken from the 1960 United States Census and reports of the
Lieutenant Governor of Hawaii. Total population was 632,772 in 1960; cavilian popu
lation, 565,505; the population of civilian areas, 561,190, There were 175,227 voters
registered for the 1958 general election, 202,059 in 1960, and 221,650 im 1962. Daca
are given in full in table 3.

Gb/

396

[fol. 962]

The percentage of legislators allotted to each county differed significantly
depending on the basis for apportionment. Oahu, for exemple, now has 10 of the 25
State Senators. Based on 1958 registered voters, the number would have been 17; on
1962 voter registration, 19; on either civilian population or the populaticn living
in civilian areas, likewise 19; and on total population 20. The neighbor islands
with 15 of the 51 Representatives based on 1958 voter registration, wouid have dropped
to 13 if either 1962 registration or the population in civilian areas had been used
and to 11 under either civilian or total population. Complete information appears
in table 4.

The distribution by county varies somewhat by size of legislative body. Havaii
County, for example, would have 12.5 per cent of all members of « 16-member House or
Senate, 8.0 cent of the members of a 25-member body, 11.5 per cent ic @ 26-zenber
group, and er cent in a total membership of 35. This fluctuation is a result
of the dist: «ion of “fractional” apportionment under the "Method of Equal Proportions"
and is unavoidable. Examples appear in table 5, which shows how many Senators or
Representatives each county would receive, on the basis of total population, for each
size of legislative body. In order to retain their present number of seats (15 in
each house of the Legislature), the neighbor islands would have to ask for « 68-nesber
Senate and 68-member House of Representatives. Such an arrangement would assign 53
seats in each body to Oshu -- an increase of 17 Representatives and 43 Senators
for that -Ishand.

- [fol. 963]

pple 1+ ¥OTLNG LLICIBILITY AND PARTICLPATION OF THE POPLATION 20 YEARS OLD OR MOKE: 1960

” The By se% By county

Subject State Male Female Honolulu Other
ee

20 years and Over «++-+rrs 360,193 196,431 163,762 264,901 75,292

fligible to register «--++++rs . 231,914 111,229 120 ,685 177 ,642 54,272

wegiscered 2/ .--eereeererees 202 ,059 104,591 97 ,468 147,123 54,936

as" Wot registered .++e-eereeerre 29,855 6,638 23,217 30,519 qQ/)

jot eligible to register .---++~ 128,279 85,202 43,077 107,259 21,020

Hot U.S. CLELZENS veeee sarees 51,316 34,997 16,319 31,830 19,486

: esidents under 1 year } Pe 8,529 4,327 4,202 7,400 1,129

; In institutions....errerreree 2,19 1,429 761 2,190 -

Milacary personnel «---+--+++ 45 ,082 44,449 633 44,816 266

Military dependents .------+- 21,162 - 21,162 21,023 139

—__

Vrotals for registered voters may include persons who voted in the previous election and
subsequently died or moved away. As a result, the number of registered voters exceeded
the number eligible by 664 in the counties other than Honolulu. 7

YVeqyilian non-institutional only.
syurce: Robert C. Schmitt, Characteristics of Voters and Non-Voters in Hawaii (University
of Hawaii, Romanzo Adams Social Research Laboratory, November 1961).

398
(fol. 964]

Table 2.--ESIIMATED NUMBER OF PERSONS ELIGIBLE TO REGISTER TO VOTE IN HAWAII ELECTIONS
’
JANUARY 1, 1964

(For tne Strate of Hawaii, Available information does not permit a county breakdown for |

Group Number

Resident population, including military personne] ....--seeeeereeersstd | 114,100

Eligible to register CO VOLE .ssseererrerrsrreseeereeserssess teeeeeeees | 280,500
Former residents, away at SCHOOL ..-ssseeereererererrsssrrsresesees 2,200
Former residents, in armed forces ....-seeeresssesrrssrererscessses | 10,600

Ineligible residents under 20 years Old ..-.ssersecerereresressrrereess 307,800

Ineligible residents 20 years old and OVET .+++--+eserererrrererereeeee 138 ,600
Aliens .....ccccceceees euenvndeseee edevccccccccceceecooevcocccccccs | 7,600
Inmates of penal or mental institutions ....-+ereerererecsersereees 4,500
Military pereonnel 1/......+seee+eers PPPTTTTTTITT Teer 50 , 800
Military cependents 1/......--+++-eseerees cc ccvecereecscecsereees +. | 23,600

Residents less than one year (civ. only) «--+eeeeereeeeeeeeeeresere | 12,100

Mair military personnel and dependents are assumed to be registered in other
states or otherwise ineligible. In October 1962, military personnel and dependents
who were 20 years of age or more, had one year or more of residence in Hawaii,
and were living off base numbered 11,400 (including 5,900 servicemen and 5,500
dependents). wa

Source: Hawaii Department of Planning and Economic Development, Statistics
Branch, estimates.

(fol. 965]

table 3.--PCFULATICN AND VCTEK REGISTRATION DATA REQUIRED FCR
REAP?CRTLONMENT OF THE HAWAII STATE LECISLATURE

anual Population, 1960 Registered voters
In civilian 1958 1962
County Total Civilian areas election election
———
The State veveeeee 632,772 585,505 $61,100 175.227 221,650
{4 County «rereeres 61,332 61,079 62,105 25,444 27,194
- 500 ,409 453,582 429,076 122,647 164,324
28,176 28,034 28,080 11,38! 11,807
42,855 42,810 42,839 1€,755 18,325

‘iiudes Kalawao County.

1960 U.S. Census, Office of the Lieutenant Governor.

saree
Ps |
we
437
x Table 4.--REAPPORTIONMENT OF HAWAII STATZ LEGISLATURE, WITH MEMBER-
SHIP OF 25 AND 51 UNDER VARIOUS BASES
Reapportiored on byete of Reapportioned on bests of
popuiation voter registration a/
Membersnip and Currenr in civiiian 1958 1362
county basis i/ Total | Civilian areas election election
25 MEMBERS
feolulu County ....- 4 10 20 19 19 17 19
ier counties ...... 4 15 5 6 6 8 6
PIE icscccccees 4 7 2 3 3 “ 3
BOE 5 ics cecend 5 2 2 2 2 2
BE ccrkvosvocvese 3 1 1 1 2 3
51 MEMBERS
weolulu County ...... 36 40 40 38 xu 38
wher counties ....... 15 11 ll 13 is 13
eee 7 5 5 6 7 6
SS | Sy NEA 5 4 4 4 5 4
WG sistrescccee ° 3 2 2 3 3 3

tk 25 for Senate and 51 for House of Representatives.
“heher Serate, House of Represencatives, or a unicameral legisiature.

Hucludes Kalavao County.
fate follows teble 5.

400

(fol. 966]

J ble $3. -kFArGy LioshedT OF HAWATT STATE LEGISLATTAS BY Size
TOTAL 1960 POPULATION

BALD ON

| City and

Other ceuniies

Size of Ccurty of Maui an
body Honolulu Total Hawaii Kalawaoc

BD siavdecnyy eee 16 4 2 1
Ph fkcykeageedss 17 4 2 }
Be cba teehee eee 17 5 2 2
> Pe eer es 18 5 2 3
BH veccseves ode 19 5 2 2
BS coccccccccces 20 5 2 2
SO vavedeusevere 20 6 3 2
OT sseacseswee e 21 6 3 2
SP scecsencesdes 22 6 3 2
SD svecebesccceve 23 6 3 2
FO svcvesvess ° 24 6 3 2

DL hpvecdecvecss 25 6 3 2
BS esccesrsesecs 25 7 3 2
OS vccavancesus’s 26 7 3 2
BO ccvees vieepen 27 7 3 2
SD svcvivecseces 28 7 3 z
WD hesvadesevece 28 8 4 2
SF <beevecvewrds 29 8 4 2
BS cvvvacciesess 29 9 4 3
39 cvccccvsesess 30 9 4 3
MEET ee EEE 31 g 4 3
a ee 32 7] + 3
42 evivinves ° 33 9 4 3
8D cecesss eevee 34 9 3
Gh csccceVeeve as 35 g o 3
EG ivewess cose 36 9 4 3
OD dc edecses oon 36 10 5 3
GF ceevevertvess bay 10 5 3
GB dcecerecccvacs 38 10 5 3
D cose cesccece 39 id 5 3
SO vcccccscvvece 40 i 5 3
FE svsccsecccces 40 ll 5 4
eee eee 41 li 5 ~
$3 .« eoveces 42 ll 3 ~
54 . ove 43 al 5 4
WD <cewsskvceses 44 ll 5 4
FO. vaves gaeceses so 12 5 4
SF ceveces o¥.ne ee 45 12 5 4
DB cectccessss 45 1 $ .
TP ssaneceves 46 13 6 -

Kaus,

RmKenrnn RRR ww RRR RR

mmm Rw

‘conzin.eé on rexe ospc)

[fol. 967]

awe,
—

+ CAPE ATLONNER ¢

OF BAWALT STATE LEGISLATSRE, s¥ Si2F

1969 POPLLATION ‘cont‘a)

EASED ON

Crher cocrt.es

Caty and —-
oo ad County of 5 ; Mau. ara
wit Honolulu Total Kawaii Kalawac Kavei
47 13 6 4 3
48 i 6 “ 3
49 13 6 6 3
59 i3 6 4 3
51 i3 6 4 3
52 13 6 4 3
52 14 6 $ 3
$3 14 6 5 3
53 15 7 5 3
54 15 7 5 3
55 15 7 5 3
56 35 7 5 3
57 15 7 5 3
$8 15 7 5 3
59 is 7 5 3
60 5 7 5 3
[vere 6. 15 7 5 3
haes¥ 6: 16 8 5 3
sia 62 16 8 5 3
$2 17 & 5 os
{
43 37 8 5 4

!
1

<of tables 4 ane 5

Computed rom tabie 3 by the “Method of Equal Prcportions."

402

[fol. 968]

In tue Unitrep States District Court

For tHe District or Hawan

DEFENDANT’s Exuisit B

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404

[fol. 970]
In tHe Unitep States District Court

For tHE District or Hawa

DeFENDANT’s Exuisit C
PROCEDURE FOR VOTER REGISTRATION

HONOLULU
1. Who can qualify to register?

Sections 11-6 and 11-10. Any Hawaii citizen 20 years
of age on election day who:

1. is able to speak, read and write English or Ha.
waiian.

2. Has lived in this State one year and in hi- rep.
resentative district three months.

3. Is registered.

2. Procedure for. registration.

Section 11-8. Any person qualified to and desiring
to register as an elector may present himself at any
time during business hours to the City Clerk’s Office,
then and there to be examined under oath as to his
qualifications as an elector. Each applicant shall make
and subscribe to an application in substantially the fol-
lowing form: (See sample)

3. Number of Volunteer Registrars, Staff and Volunteers.

Staff—35.

Volunteers—200

Breakdown:
Republican Party — 75
Democratic Party — 75

Koolauloa JC — 3

Unity House — 8

Councilmen — 2
UPW — §5
AFL-CIO — 19
ILWU — 10

4, How are the volunteers deputized?

They are required to fill out the Oath of Loyalty form
and the Personal History Statement. Upon completion
of these forms, they are deputized. (See Commission
form)

5. Are the Volunteers properly schooled?

Yes, the volunteer registrars are required to attend
and complete a two-hour briefing class supervised by
the City Clerk’s Election Division and held in four
weekly sessions before a commission is issued to them.

6. How are they distributed over the Island of Oahu?

7. How many days throughout the year is registration
open and when does registration close and for how long?

8. Absentee Registration Procedures. (Section 11-9)
9, Military Registration Procedures.

(fol. 971)
GUIDE TO REGISTRATION OF
MILITARY PERSONNEL

DO NOT REGISTER ANY MILITARY PERSON OR
SPOUSE WHOSE BIRTHPLACE IS NOT HAWAII
AND WHOSE RESIDENCE IS ON THE

MILITARY POST.

For military personnel to qualify for registration they must
meet the following requirements:

1. Must reside off the military post or reservation for a
period of one year and in the Representative District
for three months,

406

2. Must indicate on service or organization records that
Hawaii is his permanent domicile. The date when this
indication is made counts toward the one year residence
requirements. Thus, if he makes his indication today
the period for fulfillment of the residence requirements
starts from this date on.

3. At the time of applying for registration, must produce
a document or letter certifying to: < — :

A. That his records indicate that Hawaii is the perma.
nent domicile and date of this indication,

B. That he is permitted to live off base and have lived
off base at such an address for a period of time.
(Dates)

C. The above statement must be signed and certified by
the Officer-in-charge.

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408

[fol. 973]
In THE Unitep States District Court

For tHE District or Hawau
INTERVENORS-PLAINTIFFs’ Exuipir GO-2

WIRTZ: The concensus, as I gather, of this Convention
and of the Legislative Committee is that we should haye
two bases of representation in a bicameral legislature, one
of the houses to be on the basis of a population as indicated
by means of registered votes; the other to be on the basis
of a combination of geographical and political subdivisions,
more or less patterned after our present existing Senate,
keeping insofar as possible the same ratio and proportion,
Now the idea of having the two bases of reapportionment
is to provide a truly bicameral legislature with balances
and checks. The Senate is designed so that no county, no
one county or no one senatorial district has control over
that house; whereas, based upon population, obviously, in
the House of Representatives the control will be at present
in the County of Oahu. Now in order—if we believe that
this is a fair basis of reapportionment, and if we believe
in a true bicameral legislature with proper checks and bal-
ances, I believe that this proviso is essential, because with-
out it the whole work of this Convention in adopting that
basis of reapportionment can be destroyed in one amend-
ment.

I want to point out that this ratification procedure that
applies to this section is the same procedure that is incor-
porated by reference for all constitutional amendments
that are introduced in the legislature and submitted to
referendum of the people. And it seems to me that to
avoid the problem of getting in actuality a unicameral leg-
islature with two houses, and by that I mean two houses
based upon the same principle of representation, we have
to put in,this proviso so that—and this refers only to sena-
torial representation—it requires a majority of the counties
whose representation is being affected to approve of such
amendment. (Vol. II, Proceedings of the Constitutional
Convention of Hawaii, p. 760.)

(ibaa

[fol. 974]
In THE Unitep States District Court

For tHE District or Hawa

INTERVENORS-PLAINTIFFS’ Exurpit GO-4

STATE OF HAWAII
RESULT OF ‘VOTES CAST |

| DO HEREBY CERTIFY That the following is a true and accurate tabulation of the votes received by the respective candidates
and of the votes received on the five (5) Proposed Amendments to the Constitution of the State of Hawaii, viz: Article IX, Section
2; Article IV, Section 2; Article II, Section 1; Article IX, Section 3; Article IX, Section 5; at the State General Election held on
Tuesday, November 3, A.D. 1964, in the State of Hawaii.

IN TESTIMONY WHEREOF, | have hereunto set my hand and caused the Great Seal of the State of Hawaii to be affixed.
DONE at lolani Palace, in Honolulu, Hawaii, this 14th day of November, A.D. 1964.

Di blinn M Peatnalinn)

LIEUTENANT GOVERNOR OF HAWAII

410

[fol. 975]
RECAPITULATION OF VOTES CAST
REPRESENTATIVE DISTRICT HAWAII MAUI OAHU KAUAI GRAND
3 4 5 TOTAL 6 7 ‘TGTAL 8 . we we S:. 2k. es eS TOTAL 18 TOTAL TOTAL
2406 15289 3075 4329 3031 | 28,130 2904 15882 | 18,786 | 27073 8934 23859 15148 11500 6456 18571 31302 18201 19135 ; 180,179 | 1 12 239,361
2228 14185 2898 3927 2786 | 26,024 2554 14442 | 16,996 8100 21471 13455 10513 5561 16284 27407 16436 17268 | 160,358 | 11316 | 11,316 214,694
328 2647 414 930 643 | 4,962 440 3113 | 3,553 6261 1263 2898 1666 2022 642 3348 6775 3119 5542 | 33,536 1971 1,971 44,022
1809 10988 2365 2833 2016 | 20,011 2006 10660 | 12,666 17023 6578 17874 11306 8155 4610 '2416 19921 12768 11208 | 121,859 8713 | 8,713 163,249
; a oe gee ee 13.105 118 ba ee at a oe oe ee ee 828 96 96 1,278
1073 6893 1406 2467 1697 | 13,536 1494 7746 | 9,240 13153 3989 9335 5891 5732 2384 8433 14548 8300 10890 | 82,655 5316 | 5,316 110,747
1037 6632 1343 1245 933 | 11,190 959 6051 7,010 9993 3913 11249 7137 4576 2967 7470 12116 7786 6039 | 73,246 5343 | 5,343 7
1579 9016 1893 2542 1560 | 16,590 1689 8131 | 9,820 14148 5981 15303 9326 7130 3939 10735 18350 11216 9979 | 106,107 7707 | 7,707 140,224
543 4525 922 1365 1021 8,376 1096 6382 | 7,478 12661 3167 7047 4702 4366 1600 6933 12442 6813 9882 | 69,613 3958 | 3,958 89,425
1357 7608 1580 1985 1326 | 13,856 1340 7216 | 8,556 9910 4395 12723 7479 5043 3334 8014 13040 8150 6319 | 78,407 6090 | 6,090 106,909
479 3510 711 948 853 | 6,501 578 3641 | 4,219 7625 1509 4532 3179 2761 1158 4622 7427 4410 43,218 2209 | 2,209 56,147
14 53 20 9 46 142 90 185 275 211 58 210 182 58 99 179 190 118 140 1,445 192 192 2,054
5 61 ,. 4 91 2 8 26 14 22 8 9 5 3 : 2 SS 9 110 17 17 244
CONSTITUTION
AMENDMENT STATE OF HAWAII
ESENTATIVE DISTRICT HAWAII MAU OAHU KAUAI GRAND
REPR a ae aoe Se Se ee ¢ -F TOTAL 8 9 10) «6 i a! a a a 18 TOTAL | TOTAL
890 5151 1499 1817 1199 | 10,556 1483 5919 | 7,402 13791 5026 12169 7974 5911 3201 9148 14987 9031 9258 | 90,496 4126 | 4,126 112,580
523 3682 840 982 874 | 6,901 499 3708 | 4,207 5434 1463 3788 2315 2218 862 3458 6819 3438 4970 | 34,762 1942 | 1,942 47,812
882 5443 1531 1816 1190 | 10,862 1465 6153 | 7,618 | 14043 4970 11906 7380 6029 3010 9142 15727 9129 10134 | 91,470 4071 | 4,071 114,021
505 3210 762 887 836 | 6,200 458 3207 | 3,665 4979 1411 3725 2592 1989 944 3386 5830 3194 3986 | 32,036 1652 | 1,652 43,553
687 3625 1253 1436 835 | 7,836 1196 4250 | 5,446 8128 3384 8266 5096 3764 2272 5866 8883 5615 5168 | 56,442 2805 | 2,805 72,529
662 4699 1001 1188 1027 | 8,577 672 4582 | 5,254 | 10367 2636 6950 4408 3953 1515 6284 11831 6308 8407 | 62,659 2721 | 2,721 79,211
724 4316 1350 1582 990 | 8,962 1283 4875 | 6,158 | 11334 4262 10119 6112 4865 2605 7557 12597 7318 7787 | 74,556 3291 | 3,291 92,967
610 3918 882 1014 943 | 7,367 553 3987 | 4,540 6539 1805 4719 3250 2585 1128 4189 7535 4111 5322 | 41,183 2042 | 2,042 55,132
716 3980 1310 1494 902 | 8,402 1221 4561 5,782 9968 3782 9258 5662 4275 2349 6598 10943 6416 6857 | 66,108 3056 | 3,056 83,348
622 4239 915 1110 1047 | 7,933 641 4343 | 4,984 7978 2165 5679 3770 3213 1392 5234 9247 5151 6563 | 50,392 2354 | 2,354 65,663
28 105 40 56 39 268 81 160 241 141 86 139 125 102 68 120 137 142 102 | 1,162 99 99 1,770
489 2229 441 975 580 | 4,714 353 2333 | 2,686 2338 1248 1709 2391 1982 1256 2505 2478 3091 2167 | 21,165 2512 | 2,512 31,677

TERVENOE

PROPOSED SENATORIAL DistTrRic

SENATORIAL DisTRICTS NumBER OF SENATORS REGIS

Hawait First be
MAul SECOND

OAHU THIRD
FourtH
Fir TH
SixTH
SEVENTH

—- BPA BKRAW

Bkauai EIGHTH

a 3)

OVERSIZE PAGE-SEE NEXT FRAME

ee ee ee ee ee ee ee ak oe

rr

PROPOSED SENATORIAL DisTRicTs”

DISTRICTS

First
SECOND

THIRD
FourRTH
FirTH

SixTH
SEVENTH

‘EIGHTH

CT SACRE 8

NumBER OF SENATORS

—- PA HRAW NV W

Be
14

‘fol. 976]

IN THE

Unitep States District Court
For

THE District or Hawa

ts’ Exuisit 8-8

19G4

il

REGISTERED VOTERS

28,130
18,786

27,073
35,780
39,36 |

40,629
37,336

12,266

R37, 36]

412

[fol. 977]
SupreMe Court or THE UNITED States

Nos. 318, 323 and 409, October Term, 1965

Joun A. Burns, Governor the State of Hawaii, Appellant,
v.
WiuiaM §. RicHARDSON, ET AL.;
Evmer F. Cravayo, et au., Appellants,
v.
Wuu1um §. RicHarpson, ET AL.; and
KazuHIsa ABE, ET AL., Appellants,
v.

WiuiaM §. RIcHARD3ON, ET AL.

Appeals from the United States District Court for the
District of Hawaii.

Orper Notine PropaBie Jurispiction—October 11, 1965

The statements of jurisdiction in these cases having been
submitted and considered by the Court, probable jurisdic-
tion is noted. The cases are consolidated and a total of
three hours is allotted for oral argument.

Mr. Justice Fortas took no part in the consideration or
decision of these cases.

B dotnet

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0252%3A01. Public record. Not legal advice.
