The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-29
Who MAY
Be VOTERS?
Argument In Supreme
Court.
RIGHTS OF NEW Corners
Can a Man Who was Here on
June IA Exercise Suffrage
This FaIl2

All yesterday morning the new ieSai
point whereby 1t may be decided that
all new-come Americans who were
here before June 18th may vote at the
coming election, even though they have
not lived in the Islands for year. was
argued in the Supreme Court.
Loucks. the plaintiff. contends that
under section 1859 of the Revised Stat
utes Of the United States providing |
that: Every male citizen above the
age Of twenty-one. including persons
who have legally declared their inten- |
ton to become citizens In any Territory
hereafter organized. and who are actual
residents of such Territory at the time
Of the organization thereof. shall be en-
titled to vote at the first election In
such Territory All persons who
were male citizens above the age of
twenty-one who were actual residents
OF the Territory of Hawaii on the 14th
day of June, 1900. are entitled to vote
at the election to be held in November
OF this year.
On June IA, 1900, the Republic of Ha-
wall and the Islands known as the Ha-
waiian Islands, became the Territory of
Hawaii, he recites. Congress has, all
through the act, recognized the distinc-
ton between the Republic of Hawaii
and the Hawaiian Islands on the one
hand and the Territory of Hawaii on
the other. and In section provides
that "All citizens of the United States
resident in the Hawaiian Islands who
were residents there on or since August
L. 1898, and all citizens of the United
States who shall hereafter reside In the
Territory of Hawaii for one year, shall
be citizens Of the Territory OF Hawaii"
The provision in regard to residence &C.
ours In four or five other places in the
Territorial act, and by reference there
to will show plainly that a resident Of
the Hawaiian Islands and the Republic
OF Hawaii. Is not necessarily resident
Of the Territory of Hawaii; and that
the provision in section so of the act.
that In order to be qualified to vote,
the citizen must Have resided in the
Territory not less than one year pre-
ceding" the time at which he offers to
register, only applies to one who has
resided in the Territory OF Hawai- one
year after the 18th of June, 1900. He
refers also to section 100 of the act,
where II provides THAT for the purpose
OF naturalization under the laws of the
United States, residence In the Hawaii
an Islands prior to the taking effect of
this act shall be deemed equivalent to
residence In the United States and in
the Territory OF Hawaii" There is
absolutely no provision in the act that
residence in the Hawaiian Islands for
the purpose of voting. prior to the TAX
Ing effect of this act, shall be deemed
equivalent to residence In the Territory
OF Hawaii. and without such a declara-
ton Ii appears to him that 1t Is abso-
lutely necessary for a person to come
WI In he nx4tt rf trv. -
the act. to have resided In the Territory
one year after June IA, 1900.
The provision, however, in the Terri
torial act, that a person to vote must
have resided In the Territory not less
than one year, he says, shows beyond
doubt that Congress knew that section
1853 would apply as to the first cleo
ton. and any other contention would
lead to an absurdity, for Congress has
expressly provided for first election
on Tuesday after the first Monday in
November. 1900; and they must have
known, as reasonable men. that IL they
mad intended section SO to apply to the
first election that there could be no
election In 1900, for the Republic of Ha-
wall having been organized as q Terri
tory on the 18th of June, 1900. there
could be no one who. In November, 1900
could have resided in the Territory not
less than one year preceding that elec-
ton.
II Congress had intended that a per-
son must have resided in the Territory
not less than one year preceding the
first election, he says. they would never
have provided/for an election in No.
vember. 1900; and he contends that un-
der any fair and proper construction OF
the laws, the first election must be held
under the provisions In section 1859, and
that those who have been given the
right, under that section, to vote at the
first election, are entitled to vote at the
first election in November. 1900.
Lorrin Andrews. for the Board OF
Registration, held that such con-
struction of the laws was absurd. That
the United States Congress would pass
two distinct laws with regard to frs
two elections in the Islands. He be-
lieved that the section quoted applied
to Territories where there were no cleo
tion boards, expecting that subsequent
legislatures would pass laws dealins
with the qualifications of voters. Fol
Hawaii this had been done by the Ter
ritorial act which expressly stated tina
persons must be residents of the Terri
tory for at least a year before they
were entitled to vote.
The case was taken under advise
ment by the Court, and owing to it's i'm
portance and the short time which re
mains for registration. 1t will be decid
ed by the court within the next few
days In all likelihood.
RELATIVE INTERVIEWS.
Temple Bourke. relative of I. N
Hayden, the deceased contractor, ha
filed a petition for letters of admins
tration OF Hayden's estate.
He says that as the deceased was {
contractor and was engaged In building
the Pantheon saloon, loss would follow
to the estate IL the contract is not com
pleted. Mr.. Hayden had contracted TO
and completed X. F. Days building oil
King street, and there was owing hin
on that contract the sum of $1,000.
Thomas Lucas has filed petition TO
letters, he says, but this he intends t,
contest. for he believes that 1t is for tn
best interests OF the estate to have
disinterested party appointed. Hence
he asks that George r. Carter be ap
pointed special administrator of the es
tate.
Judge Humphreys heard the petition
later in the afternoon, but refused t
grant IL.
BISHOP ROPERT AS TRUSTEE
Gulstan F. Ropert. Catholic Bishop o
Honolulu. or Bishop Of Panopolis." a
he Is styled, yesterday filed an amend
"a IN To- a fr-rlc IN