The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-10-02
CLARKE CAN
NOT VOTE
udgeHumphreys Gives
Opinion.
REGISTRATION INVOLVED
In a Verbal Opinion He States one
Must be Year to
Vote.

similar points are now In the supreme
Court Judge Humphreys yesterday de-
cided not to render n formal decision
! in the registration case brought by Ed
win q. Clarke against the Board OF
Registration to compel the Board to
permit him to register as voter, al
though he has not been here for year
past.
But Judge Humphreys stated that
while these cases were now pending in
/ the Supreme Court he was not pre-
vented from stating his opinion in the
matter and this opinion is decidedly
adverse to Mr.. Clarke, and If 1t Is fol-
lowed by the Supreme Court it will
dash to the ground the hopes of a num-
Der of Americans who came to the ISL
ands before they became a Territory
of the United States but who have not
/ been here the necessary year to entitle
them to vote at the coming election.
| Clarke's case was somewhat different
from that of the others who have
brought suits against the Board to Sc
cure the right to vote in November. He
1
something over year and then went
away, returning last October. When he
applied for certificate of registration
he was refused because he had not
lived in the Territory during the past
year.
The case was argued yesterday after
noon before Judge Humphreys and at
the conclusion of the statements of the
~ a 1, th
fact that there was similar case In
| the Supreme Court involving similar
points he would not render formal
decision. II am not prevented, how
ever" he added smiling, from render
ing an opinion on the subject, and the
Supreme Court may follow 1t II 1t
chooses, l have given a good deal Of
thought to this question and 1t IL my
opinion that the expression Territory
of Hawaii, in Section 60 OF the Organic
Act, does not mean the Territory Of
Hawaii to nominee, or In the political
sense. but In the geographical! sense /
believe and that TO be entitled to regis
ter In the Territory of Hawaii one must
have resided in the Hawaiian Islands
for one year preceding the time at
which he applies for registration. I
believe that the words preceding Is
used In the sense of Immediately pre-
ceding.' That is the definition of the
word as given In the Standard Diction-
airy and | believe that 1t is the correct
one.
This construction is not changed by
the fact that In another section of the
Act a person Is required to reside In u
precinct for three months Immediately
preceding the time of registration, for
In that case the word Immediately Is
used In my opinion merely as q word Of
emphasis.
Il believe that when Congress used
the words Hawaiian Islands ana Ter
ritory of Hawaii they were meant to
be considered as synonymous terms.
They are used as such constantly at
the present day and will continue to be
so used in the future, it Is my belief.
TO give the construction TO these eX-
'press!ons which the plaintiff asks would
be to defeat the end desired by Con-
gress in passing the Organic Act. To
follow the letter of the law in many
cases would work substantial injustice
and the intent of all courts Is to con-
strue the law according to its spirit in
stead of its letter
The purpose of the registration
provisions In the Organic Act was to
enable those people who had resided In
! the Islands for one year and were hence
| familiar with conditions here and with
the character of the people of the ISL
ands to vote Mt the first election and no
others, for people who had lived here
for less than year could not be eN-
pected to be able to vote as lntelligently
upon questions concerning the welfare
OF the Islands as those who had lived
here for some considerable length Of
time
owing to the state of the cases IN
the Supreme Court | render no deci-
sion in this case but await the decision
Of the higher courts"
As this opinion was n substantial
victory for the Board OF Registration.
Chairman Andrews who had presented
the case for the Board left the court
room wreathed In smiles.
1t Is expected that the Supreme Court
win render "A decision In the two cases
submitted 10 II today so that In the
event Of ruling which would upset
the prevailing opinion concerning the
construction of the law the news OF the
decision may 30 out on the Island boats
10 Hilo and to Maui and Kauai today.
II a decision were delayed until after
the departure Of these boats and Il
should be such as 10 change the ac-
oepted ruling the Boards Of Registra-
ton on the other Islands would not be
able TO get hold Of The ruling In time TO
give man that would by IL be made
eligible. an opportunity 10 vote, Regis
tratian closes on all Of the Islands on
October 10th
So the decislons Ia the l.ouck ana lry-
ing cases are rklretel 10 be banded
dnAn Ibis morning, The former case
VAS heard last week ana taken under
Adjustment, but the Irving ease was
submitted yesterday, irving Is employ
ed on the Ateaulbua4 IAalaul and Wishes