Saturday press. [volume] (Honolulu, H.I.) 1880-1885, 1882-08-12
THE NATURALIZATION ACT.

great deal of misconception prevails in
this community relative to the effect Of the new
Naturalization Act The idea is no less COM
mon than it is erroneous that the recent Act
will operate as a bar to the occupation Of
Government officers by many who under the
old law were able to hold Office Sharing the
common impression we last week published
an editorial upon tho subject, which upon
maturer deliberatou and investigation we find
ing Act will in no wise interfere with persons
who have legally held Office prior to its enact
ment and approval. No new provision is hero
made regulating the question of eligibility to
Office, which is still governed by Section Of
Chapter Of the Session Lave of 1876, and
which reads as follows: "From and after the
passage of this Act every person of foreign
birth who may be appointed to any office of
profit or emolument under tho government Of
this Kingdom, shall before entering upon tho
duties of his office, take and subscribe the oath
OF allegiance in manner and form prescribed by
Sections 430 and 43l Of the Civil Code" 1t
is the law Of 1876 that makes the eligibility
of foreigners dependent upon their naturaliza-
tion, and were it not for this law, any person
not a subject Of the Kingdom, would still be
eligible to office
School teachers aud others, therefore, who
have been able to hold Office heretofore with
out becoming naturalized, need have no appre-
tensions as to the effect Of the law lately en-
acted.
1t seems to have been the ruling OF Cabinets
since the passage of the Act OF 1876, that it
affected the eligibility of such only as tue
incumbents OF Offices created by law, or for
which appropriations had been specifically
made, and not such as were paid like customs
officers, school teachers and the like, who re-
ceived their pay from a general or incidental
fund. Whether, however, such a ruling bo
correct is question:; and we are inclined to
the belief that i, was erroneous. But, il now
this ruling be reversed, aud none but such as
are naturalized or Hawaiian born, be allowed
to Gil Offices Of the kind alluded 10, it will
certainly work hardship to many. Especi-
ally will this be the case with school teachers
who have come upon invitation from foreign
lands to serve in our Government schools,
while their loss aud the difficulty Of replacing
them will act US material hindrsnee to the
cause OF public education.
Section i3s OF the Civil Code, however.
says at shall be competent for His Mslasty
to confer upon any alien resident abroad, or
temporarily resident in this Kingdom, letters
patent Of denization, conferring upon such
alien, without abjuralion Of allegiance, all
the rights, privileges and immunities Of a
native" Sc, and We eau SEQ DO reason why
this special rEerogaliye Of tho King should
not be used whore the working Of the new
law should be in special cases adverse to the
public intsres, OF unjustly oppressive to per-
sons, unless the section referred TO be in con-
aiei with the provisions Of the now Act. 10
our minds there is no conflict. but what may
be the ruling Of the Court upon the point. who
arc perhaps better ablo to judge than we, VI
course We cannot say. Plain reason, however,
would sssm To dictate, that 40 the All in