The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-04-08
AND AMERICAN LAWS
CONFLICT.
Registration Board Runs Up Against
a Most Serious Problem in the Oath
Matter-To Supreme Court.

Henry Smith, chief clerk of the su-
preme court, has addressed note to
the board of registration giving it as
his opinion that the constitutional oath
to the Republic of Hawaii is obsolete
and that persons applying for regis
tration cannot be required to take 1t
in it's present form.
This act of the supreme court clerk
uncovers multitude of little problems
that have been bridged since the flag
went up last August 1t is claimed by
some that the clash between the con-
stitutions of the United States and Ha-
wall on this very point of oath taking
is so serious as to subvert the spirit
of the local organic law thereon.
Hawaii's constitution expressly pro-
vides that no person can become an Of
flee holder, an elector or a juror until
he has taken the 1894 oath to support
the Republic of Hawaii. The require
ment is ironclad, and does not men
ton the United States in any way. Mr..
Smiths contention is that now the Is
lands are American territory the con-
stitution of the United States must be
mentioned in the oath-in fact it must
come first-and that the Hawaiian oath
in its present form is invalidated, con-
sttution or no constitution.
Mr.. Smiths action is supported by
the ripper course of the judges of the
supreme court. Immediately follow
ing the flag raising last August all the
government and military officials took
an oath prepared by the judiciary de-
partment under the direction of the
supreme court judges, prescribing al
legianCe to the constitution and laws
of the United States and of the Hawa-
iian Islands. The oath now taken by
government officials reads as follows:
Il do sOlemnly swear that | will
support the constitution and laws of
the United States of America and the
constitution and laws Of the Hawaiian
Islands, and will faithfully perform
the duties OF, etc"
Mr.. Smith says: I'VE have admins
tered that oath and none other since
the flag went up last August. The con-
stitution of the United States pre- e
scribes that officials and voters must
take the oath to the United States. The
two constitutions conflict, and the
American must prevail"
The question came up yesterday
when f. S. Lyman, Jr, applied at the
board of registration office to register.
He was qualified in every way to vote
except that he had not taken the old
oath to support the Republic of Ha-
wall. The board sent him to the judic-
iary office to take the oath. Henry
Smith refused to administer the oath,
declaring it to be obsolete. The regis
ing under the constitution of the Ia
waiian Islands and could not accept
the oath to the United States as pro
per qualification under the law.
Thus Mr.. Lyman is suspended. He
will appeal to the minister of the in
terror From that official the matter
will go to the supreme court Then
and not till then will the very serious
question be settled in a judicial man
ner. Either way however complica-
tiOns will arise. If the Hawaiian con-
stitution prevails all oaths administer
| ed to government and military officials
| since the flag raising will have to be
renewed. This decision would have
| to be reached under the assumption
| that under the anomalous situation the
United States is still a foreign country
In this case Hawaiian officials have ta-
ken an oath to support a foreign gov
ernment, have they not?
Suppose the American oath is sus-
tanned and declared by the supreme
court to be the one electors should take
now. Then the work of all the registra
| ting boards throughout the Islands will
| have to be done over again. The reg
| istrars will have to start at the begin
! ming and ask every man heretofore
| registered If he has taken the oath to
| support the constitution of the United
! States and the constitution of Hawaii
| This will mean a delay of several
| weeks and deal of expense.
The question is quite the most knot
| ty that has arisen since annexation
and the decision of the supreme court
| will be awaited with intense interest
| by the whole country.