The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-03
SUPREME t)0lI qE
I0UtE tllIOT VOTE
His Contention is Held
Not Good in the
Law.
nov RESIDENCE IS CONSTRUED
THE YEARS RESIDENCE MUST
INMEDIATELY PREcKDE
REGISTRATION.
So Holds Chief Justice Frear's opin-
ion Concurred in by Associate
Justices Galbraith and
Perry.

zation Of the Territory OF Hawaii The
point was raised by Loucks that sec-
ton 90 of the Organic Act, which re-
stricted voters to those who had reSii-
ed IN the territory year previous TO
their application for registration, did
not apply at the first election, but that
section 1859 of the Revised Statutes o..
the United States governed the case.
The supreme court holds that the re-
quirements of section 80 shall be con-
strued to mean one years residence IN
the Hawaiian islands, not one year
after the establishment of the territor
ial government The decision, which
is concurred in by Associate Justices
Galbraith and Perry. was written by
Chief Justice Frear.
The opinion of the court in the
Loucks case is as follows:
This is an appeal from decision of
the board of registration for the is
land of Oahu refusing to register the
name of the applicant, Frank IL.
Loucks. The appeal is taken under
section AZ of The Rules and Regula-
tions for Administering Oaths and
Holding Election" Civ. L. p. 799. The
only ground upon which registration.
was refused was that the applicant
had not resided in the Hawaiian islands
one year preceding the time at which
he offered to register.
The question is, which Of the follow
ing provisions OF the statutes Of the
United States governs this case name
ly, section 1859 of the Revised Stat
utes, which is found in the chapter Ell
titled Provisions Common to Al! the
Territories" and which reads: Every
male citizen above the age OF q, in
Guiding persons who have legally de-
clared their intention to become ci:i-
zens in any territory hereafter organ
led, and who are actual residents Of
such territory at the time Of the organ
iation thereof, shall be entitled to vote
at the first election in such territory.
and to hold any Office therein. subject,
nevertheless, to the limitations speci
fed in the next section;" or section
60 of AN Act to Provide a Govern
ment for the Territory of Hawaii,
found in U. S. SITS. for 1900 at page Isl.
which reads: That in order to lie
qualified to vote for representatives
person shall
First, be male citizen of the United
States.
Second, have resided in the territory
not less than one year preceding and in
the representative IisIcii in which ne
offers to register not less than three
months Immediately preceding the
time at n hich he offers to register
Third, have attained tn. age Of Il
years
Fourth, prior to each regular cleo
ton. during the time prescribed by law
for registration, have caused his name
to be entered on the register Of voters
for representatives for his district.
Fifth, be able to speak, read and
write the English or Hawaiian lah-
guage.
1t is contended that section 1859 OF
the Revised Statutes was intended to
apply to the first election in Hawaii
and that section so Of the Organs Act
was intended to apply to subsequent
elections only.
The Organic Act covers the entire
subject of elections in Hawaii in mi
mute detail II there is ANYTHING clear
from the whole act 1t Is tina. congress
meant to provide In this &c. all the
legislation it meant to provide at all
for the election Of members Of the ter
ritorial legislature. There is nothing
whatever in the act itself to indicate
that section so was not intended to ap-
ply to the frst election On the con-
trary, IL section 1859 should be held TO
apply, it would be necessary to held
that not only section 60 OF the Organic
Act, but other sections, such as section
is. which provides that persons con-
victed Of certain criminal oifenses and
certain other persons shall neither vote
nor hold ONCE under this government.
do not apply to the FIRST election. al
though there Is nothing in those SEC
tons to so indicate, and section LA
expressly provides that they shall take
effect forty-nve days afte- their ap-
prevail. Moreover. section 50 OF the act.
relating TO the number Of senator's. ex-
pressiy refers to the first eleriscn-as If
that as well as other elections were
in the contemplation of congress IN