The Hawaiian gazette., 1900-10-05
Must Have Lived
In Hawaii One
Year.
MALIHINIS CAN
NOT VOTE NOW
Decision in The Loucks Case
Crushes Hopes of the
Newcomers.

To vote at the coming election one
must have resided in Hawaii for a year
cided the Supreme Court yesterday and
the matter which has been so much
agitated OF late is definitely settled.
The decision came in the case brought
by Frank Loucks against the Board of
Registration to compel the Board to
register him despite the fact that he
had been In the Islands less than a
year. Loucks commended that accord
ing to Section 1859 of the Revised Stat
utes of the United States all American
citizens who were In the Territory at
the time of Its organization had the
right to vote at the first election. Lor-
rim Andrews who presented the case
for the Board held that Section 60 OF
the Organic Act must be held to be in
forces despite the terms of the old stat
ute and that where they conflict that
Section co should control as 1t was
passed with the view of meeting the
particular needs Of this Territory.
The decision Is important as 1t in
wolves the question of the right to
vote of all American citizens who have
been In the Islands since June 18th last
The opinion quotes the language OF the
Organic Act wherein 1t provides for
registration of all voters and that they
must have been in the Islands for at
least n year before registering. The
section of the Revised Statutes under
which the contention Is made that all
Americans could vote is also quoted
and then the opinion says:
THE Organic Act covers the entire
subject of elections in Hawaii mi
mute detail. If there Is anything clear
from the whole act. 1t is that Congress
meant to provide for the election of
members of the Territorial legislature.
There is nothing whatever In the act
itself to indicate that Section 90 was
not intended to apply to the first cleo
ton. On the contrary If Section 1859
of the Revised Statutes should be held
to apply 1t would be necessary to hold
that not only Section 60 but other sec
tions such as Section Is which provides
that persons convicted of certain GRIM
inal offenses and certain other persons
shall neither vote nor hold office under
this government do not apply to the
first election, although there Is nothing
in those sections to so indicate and
shall take effect within 10 days after
their approval.
ON the other hand Section 1859 may
be satisfactorily explained consistently
with this view. That section was in
tended to provide for Territories Gre
ated where there was previously no
local government or provision for cleo
tions and where Congress intended to
leave it to the people of the Territory
to enact their own election laws.
Hawaii had already local government
with a system of election laws. These
laws We're for the most part substan-
TALLY reenacted by Congress in the Or
ganic Act. Congress did not intend to
leave 1t to the local Legislature to de-
termine the qualifications of voters faf-
ter the first election and there was no
necessity for its providing the quail
ifications for the first election, that Is.
before the local legislature could have
an opportunity to SO provide itself. On
account of peculiar conditions here
Congress deemed 1t best to prescribe IT.
self the qualifications of voters at all
elections.
The court goes on to hold that the
Organic Act Is q later and more partic-
ular statute than the one relied on in
the Revised Statutes and hence 1t
should control.
Going on the Court says:~. Special
emphasis Is laid upon the requirement
of Section GO that the applicant must
have resided in the Territory not less
than one year. 1t is contended that
this not mean the Hawaiian Islands but
that 1t can only mean the Territory
strictly speaking and that since the
Territory was not established until the
18th OF last June, no one could under
this section vote at the first election ,
which Is to be held In November next,
and that therefore Congress must have
Intended that Section 1859 should apply
to the first election. 1t may be con-
coded that 1t would have been more
appropriate to have said Hawaiian ISL |
ands' here than Territory and that In
most other section OF the Act the words |
Hawaiian Islands and Territory are
used appropriately But the !
word Territory is used In the Act with |
reference TO the Islands rather than the |
government ana Territory Hawaii, |
and Hawaiian Islands are used inter- |
ehangeably TO some extent, ana II |
would II would be very natural 20 In !
heft Territory where Hawaiian ISL |
ands' would be more appropriate, the |
attention for the time not being direct
ed especially 10 the circumstances OF |
any particular election, No uniformity |
Is found IN the Aet IN the use Of these
terms,
~ Is clear from a consideration ~ |
the OrHnnle Act as compared Win tie |
chapter ~ the Revised Statutes refers |
red Co. that Hfoilnn % ~ the former |
End MOI Section 1859 u che latter was |
intended 20 ARMY Section do should |
theFefeFa, Y possible % ~ construed |
- ~ apply 4he Nori FelniNfY !