The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-09-28
THE RIGHTS Of MAuH|N|S.
ACTION TO PERMIT THEM TO
REGISTER.
Supreme Court Hears Arguments as to
Whether Residents Here on June 14th
Should Vote.

this morning in the appeal of Frank II.
Loucks from the decision of the
oahu Board of Registration refusing
to accept his name as a voter at the
coming election. Davis and Gear ap-
peared for Loucks and Lorrin Andrews
the chairman of the Board of Registra
ton, appeared for that organization.
The arguments were confined entirely
to the construction of certain portions
of the Revised Statutes of the United
States and the Organic Act of the ter
ritory, the claims of Loucks being based
principally upon technicalities.
George A. Davis made the opening
address to the court in which he out
lined the claims of Loucks. The latter
was q years of age having been born in
Baton Rouge, La. He came to Homo
lulu October rs, 1899 and had since re-
sided here. He applied for registration
to the Board and was refused, 1t being
claimed that he had not resided here
for one year previous to the approach
ing election in November. George d.
Gear made the first argument
Mr.. Gear contended that Section 1859
Revised Statutes of the United States
was still in operation for the direction
of the first election here and upon this
clause in the Federal laws he based the
claim of his client to the right to be
allowed to vote. This section is as fol-
lows Every male citizen above the
age of twenty-one including those who
legally declared their intention to be-
come citizens, in any territory herein
after organized and who are actual re-
sidents of such territory at the time of
the organization thereof. shall be en-
titled to vote at the first election in
such territory and to hold any office
therein, subject nevertheless to the
limitations specified in the next sec
ton"
This following section provides that
at all subsequent elections however in
any territory the legislature shall pre-
scribe the election qualifications. Sew
eral limitations to this power of the
legislatures are enumerated but they
have no particular bearing on the pre-
sent case.
In section of the Organic Act of the
territory the express provision is made
that all of the laws of the United States
as are not otherwise provided shall be
in force in the territory except where
inapplicable. Section 60 provides as a
qualification for being a voter that the
male citizens must have resided in the
Territory of Hawaii not less than one
year and in the representative district
not less than three months, proceeding
the time that h applies for registration.
Taking these sections of the Fedral
and Territorial laws as basis Mr..
Gear contended that Section 1859 was
still in force here. Congress had spe-
cially declared in Section of our laws
that unless provided otherwise the laws
of the United States were in operation.
Special mention was made in the Ter
ritorial Act of two sections of the Uni
ted States laws governing elections
which should not apply here. Mr.. Gear
claimed that had it been the desire of
Congress that Section 1859 should not be
IL, hax a
announcement. AS a matter of fact,
this section was inserted in the laws for
the purpose of providing the manner in
which the first elections in the terri
tories should be held and who were
qualified to vote. Subsequent elections
were directed by the actions of the le-
gislatures of the territories. 1t was first
necessary for the territories to elect a
Legislature however before laws regard
ing the qualifications of voters could be
enacted. This law had been enforced
in all of the other territories, the attor-
ney was sure.
That the intention of Congress was
for Section 1859 to be in force at the
first election was fully shown by Section
60 of our laws which required that a
voter must have resided in the Territory
not less than one year Immediately
preceding the date on which he pre-
sents himself for registration. The
Territory of Hawaii came into existence
on June IA, 1900 and 1t was therefore an
impossibility for any body to go to the
Board of Registration and swear that
he has been residing in the Territory OF
Hawaii for one year The Territory had
not existed for one year and while the
voter might have resided in the Repub-
lie of Hawaii there was every difference
in the world between the Republic and
the Territory. 1t must readily be seen
that Section go of our laws could not be
put into operation at the present elec-
ton and as Section 1853 covered this
special point, 1t must therefore be con-
sidered still in force.
In replying Lorrin Andrews contended
that it was absurd to claim that Con-
gress would. pass entirely different laws
for the first and second elections In a
territory. 1t was clearly apparent he
declared that Congress intended Sec
ton 1850 to apply to territories which
had no election boards, expecting thai
subsequent legislatures would pass laws
dealing with the qualifications of voters
In the present instance such provisions
| had already been made by our own law
| the Territorial act. He contended tina
| If the construction made by Mr.. Geal
was correct Congress was giving unlim-
| tied franchise at first and then throwing
1t out at the subsequent election.
| MT. GedT Tenlleu IelLeIdlinB MS IOT'
mer contention that Section 1859 mus
apply at the first election in a territory
In support of this argument he noted
| decisions which were rendered Will,
| Washington was yet a territory. III
| said that Section 1859 was to apply L
only the first election and 'did not II
any way take away the right Of tn,
legislature to subsequently enact law
| limiting the qualifications of voters
| The United States statutes specified
that unless otherwise provided and sucl
provision had not been made the Fedora
laws We're in force therefor Section 1856
must be regarded as still effecting.
Mr.. Davis made a brief argument Il
support of the appeal contending tina
If there had been any intention to re
peal this act the words in Section 8 o
our laws would have been so worded a
to require the voter to have resided on
year in the Hawaiian Islands" instea
of the Territory of Hawaii"
Mr.. Andrews said that the other sid
Continued from page five.)