The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-10-01

ent exists to her registry proceed register the his
ece Hawaiian vessel and shall to the applicant there
for certificate -
Assuming but deciding that the respondent has the dis
cretionary power of deciding whether Legal
exists. the registry, and that the term legal nped
ment used in the includes fatal defects IN the mat
of citizenship and ownership nevertheless the court may
inquire into the question whether not the respondent IN tact
satisfied that such impeachment exists respondents state
that he is satisfied not conclusive The tact that
one judge does authorize him to act wmcal or IN
bad faith The very Judge implies fairness of action
and of ope Judgment not within or will The
Jury inquire into the existence but not the
reasonabeness of the dissatisfaction Rdwfins Soap
Works Upon the evidence believe that the true
for the refusal of registry not that the respondent
satisfied that legal mpedment exists to the regsr but
that the Hawaiian Government has given to the United states
Government the assurance above mentioned
he petitioner having all respects complied with the law
entitled the certificate of registry applied for The motion
quash the writ and dismiss the petition is denied Let
peremptory writ issue
Three questions raised by the appeal CD Is the petit
toner Hawaiian subject and such entitled to
have the Steamship China registered in hsname Hawaiian
vessel? o. Is he within the statute wholly the owner OF the
Steamship China? co Can the behind the discretion
of the f any he has his statement that
declines admit the Steamship China to registry because
satisfied that legal impeachment exists to her regis
try"
Upon question doubt Article II OF
Constitution defines Hawaiian citizenship follows All per-
sons born or naurazed the Hawaiian Islands, and subject
the jurisdiction of the Republic citizens thereof Mr. Mac
farlane born in the Hawaiian Islands His parents were
British subjects and domced here His father died here
that he to the jurisdiction OF the
Government of this country he registered at birth
at the British and had either renowned his
allegiance the British Grown taken oath OF aeg
ance to the Government of this country.
Whatever may be the views of the British authorities to
Mr. Macarlane status it does control us, and must
decide the question according law though it
involves dual allegiance Fortunately the Constitution OF the
Republic in the article above quoted gives definition winch
puts this Court concerned disputed Questions
at rest. -,
The Fourteenth Amendment of the Constitution of the
ship that country An almost unhroken chain OF decisions
from of the final adoption OF the amendment I'm
1867 to the present nerpres the language that would
establish Mr. Alacrlane status to be that OF an Hawaiian
subject The question discussed in the we shall cite on
the meaning of the words subject to the jurisdiction thereof
It has been contended that excludes those not subject to
the jurisdiction Hawaii those who have foreign father not
nauraized the nationality of the child following that OF his
father we'll children of those engaged in diplomatic
CAPACITY in the country where the birth has taken place. The
first case Look TIN Sing Habeas Corpus,
81 Fed r. 9O5 where the Circuit Court OF the United States
of California held by Field Justice Sawyer and
Sb M decided that person born within the United States
Chinese parents residing therein and not engaged IN any
diplomatic official capacity under the Emperor OF CHINA is
citizen of the United States Persons subject to the Jur
dcon of the United States who within their dominons
and protection of their laws with the consequent ob
CATION to obey them when obedience can be rendered."
The head of Ee pa,te Chm King, 30 Fed H. 800
per Deadly g. S. Judge is "a child born in the United
States of Chinese parents by the rule of the common law and
the fourteenth citizen of the United States and
when restrained liberty of ocomoion therein may be
delivered therefom Habeas Corpus" This principle was
affirmed by the Judge in Young Sing ees SO Fed
R. 437.
United States District Judge anford of rhe North District
California in FOOk The United States 40 Fed H. l41,
held that under the fourteenth amendment to the constitution
the laws excluding immigrants who Chinese abore were
nappcabe born in the United States and subject to
jurisdiction though his parents not citizens and
being Chinese not entitled to be naturalzed
The last cite from the United States courts, was
decided January g. 1896. 1t is In re Wong Ann ARR II red
r. 3S2 Here Judge Morrow held that person born within
the limits of the United States whose and mother
both persons Chinese descent and subjects of the Emperor OF
China the time of the birth, both domiclled resi-
dents of the United States citizen of the United States with
in the meaning of the 14t amendment the constitution Of
the United States
This question also in New Jersey where the cleo
ton of Allan Benny councilman IN city OF New
jersey was contested the ground that he citizen
Court of that State held that born III thu
United States who domiced there and consequently ubec
to its Jurisdiction are citizens of the United States and of tn
State where they reside Children born of residents her
in the diplomatic service of foreign governments expected
Benny 4. O'Br1en, IS n. ]. L. SO.
citad