The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-10-02
MAuHIN|S CAN NOT VOTE
Continued from page one.l

NCohtlhueu from page one.)
1t is contended that Section 1859 is
made to apply here under the provis-
ion of Section of the Organic Act that
| except as herein otherwise provided.
all the laws of the United States which
are not locally inapplicable, shall have
the same force and effect here las
elsewhere in the United States" and
further that the proviso to this Section
. to the effect that Sections 1850 and
1880 of the Revised Statutes (between
which the section in question is foun1J
shall not apply here, SHOWS u IL lection
1859 was intended to apply, for. IT Is
argued, that also would have been OK
pressly excepted If it had not been IN
tended to apply But Section 1853 is
excepted under the words "eXcept as
herein otherwise provided" and mot
locally inapplicable," in view of tie
provisions of Section GO of the Organic
Act; and Sections 1850 and 1890 had to
be excepted expressly, if at all, because
their subject matter was not covered
by the Organic Act. 1t would be as
reasonable to hold that Section 1860, as
to hold that Section 1853, was intended
to apply here because not expressly
excepted,-in which case Section 60 of
the Organic Act would never apply.
The Organic Act is the later statute
and as compared with the chapter re-
is d more particular statute. 1t should
apply.
Special emphasis is laid upon the re-
quirement of Section 60 that the appli-
cant must have resided in the TER
RITORY not less than one year" 1t
is contended that this does not mean
the Hawaiian Islands but that it can
mean only the Territory strictly speak
ing and that, since the Territory was
not established until the 14th of last
June, no one could under this section
vote at the first election, which is to he
held in November next, and that there
fore Congress must have intended that
Section 1853 should apply to the first
election. 1t may be conceded that it
would have been more appropriate to
have said Hawaiian Islands here
than Territory and that in most
other sections of the act the words
"Hawaiian Islands" and Territory
are used appropriately. as, for instance
in Sections 4, "a, 40 and 100. But the
word Territory" is used in the act
with reference to the islands rather
than the government, and Territory,
| Hawaii" and Hawaiian Islands are
used INTERCHANGEABLE to some extent;
and il would be very natural to insert
| Territory" where Hawaiian Islands"
wouldY he more appropriate, the atten-
| ton for the time not being directed es-
/
particular election. In Section 2 1t is
provided that the Hawaiian Islands"
shall be known as the Territory of
! Hawaii" and in Section "a Territorial
government is hereby established over
the said Territory" In Sections 4, 49,
40 and 9S, and other sections Hawai-
ian Islands is used as including the
Territory of Hawaii. In Sections So, 81
| 1902, and l03 Hawaii" is used in place
of Territory" No uniformity is found
in the act in the use of these terms.
IT Is clear from a consideration of the
| Organic Act as compared with the
chapter Of the Revised Statutes referred
to, that Section 60 of the former and
not Section 1859 Of the latter was in
tended to apply. Section 60 should,
therefore, If possible, be so construed as
TO apply The word Territory might
very naturally have been used as
meaning the territory or islands max
ing uD the Territory and not with spe-
cial reference to the time when a ter
ritorial government was established
here, the attention not having been es-
pecially directed to the circumstances
of any particular election, and all cleo
tons to take place only after the es-
tablishment of the territorial govern
ment In our opinion the clear inten-
ton may be given effect consistently
with the language of Section 60 and
therefore should he given effect
The appeal is dismissed and the deci-
sion of the Board of Registration re-
fusing to register the name of the appli
cant is affirmed.