The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-14
TERRITORIAL CIRCUIT
COURTS HAVE POWER.
THEY ARE QUALIFIED TO NAT
uRALIzE CANDIDATES FOR
CITIZENSHIP.
Judge Estee Gives His Views on
the Subject in Answer to
Many Inquiries From
the Other Islands.

In the United States District Court
yesterday morning. after the natural.
izatiou Of several candidates, Judge
Essee said:
This court has been waited upon g.
a committee from the various other
Islands OF this Territory. requesting
the Judge of this court, as q United
States District Court. to visit those
various Islands, for the purpose Of
naturaIizing people and making them
citizens of the United States.
This court is ready and willing TO 10
that duty, or any other imposed upon
il by law. And it may be pertinent 10
say, after a careful examination of the
law. while this court has jurisdiction.
that it believes that the Circuit Court
of the Territory OF Hawaii has abso-
lutte jurisdiction, not exclusive, 10
make citizens OF the United States;
therefore, the court ventures TO call
the bars attention to little law in re-
lation thereto. call attention to Sec
ton PIGS of the Revised Statutes OF tue
United States, page 37s:
IAN alien may be admitted to be-
come a citizen OF the United States IN
the following manner, and not other
wise:
First He shall declare on oath,
before Circuit or District Court OF
the United States, or District or Sd
preme Court of the Territories, or a
Court OF Record of any Of the States,
having common law jurisdiction, and a
seal and clerk, two years at least. prior
to his admission, that it is bona ide
his intention to become a citizen Of
the United States
1T is wen known to the bar and
the people, that the Enabling Act, TAX
ing this Territory into the Union: that
part of ii in relation to the two years
declaration, is abolished, and that a
resident of the Islands, having lived
here five years prior to the 18th of
June, 1900, can become a citizen Of the
United States and Territory.
THE only problem that seems to
strike the court is this law that says.
the District Court or the Supreme
Court of the Territories 1t has been
held by some lawyers that 1.-THE Circuit
Court has no jurisdiction to make citf-
zens. This court is compelled TO be-
lieve that that is mistake; that the
Circuit Court has jurisdiction; that the
only object of that law, which was
passed before this Enabling Act was
passed. was to show that it was court
of record of common law jurisdiction,
with a clerk and seal and possessing
all the attributes Of a court of justice.
1T has been held by the highest
court in the country that judgment OF
naturalization is Judgment of court
of record, it must be signed with all
the formality and solemnity in the
possession of the court.
Il am compelled to believe that the
Circuit Court of this Territory of Ha-
wall is court of original jurisdiction,
of common law Jurisdiction, possessing
the same and all the attributes of a
court of authority, and therefore. al
though the statute says District Court
I think that 1t relates TO the Circuit
Court as we'll.
The courts of our country have held
many times that courts possessing COM
mon law jurisdiction and general ju-
risdiction also, in both law and equity
matters, can naturaliZe citizens. and
thus make them members of this grea.
community.
81 am constrained to believe that as
Judge of this court l am so frequently
and almost hourly urged to go else
where on the Islands to make citizens.
simply because many people think the
Circuit Court of Hawaii has not juris-
diction.
This court. without ruling upon the
point. because / have not authority 10
override any body, is compelled to say
1t is OF the opinion that the Circuit
Court Of the various circuits of the
Territory of Hawaii has ample au-
thority to make citizens. and can do it
under the powers and solemnity Of any
other court of general jurisdiction"
The court then read Section 100 OF
the Enabling Act. admitting this Ter
ritory into the Union, and continuing
said:
81 want to say that it is impossible to
visit all the Islands before election
and it would he quite impossible for
this court to naturalize all the people
on the Islands that may want to be nat
uralized, and that the court does not
think it is necessary for this court
there is no question but that the Sn-
preme Court OF this Territory can nat
uralize people That court has ad-
journed until in Sentember
This court will visit before election
only one or two OF the Islands of the
Territory. and not alone for that pur-