The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-06-21
STATUS OF
THE LEPERS
Molokai Unfortunates
May Vote.
DISABILITY is REMOVED
Opinions of W. 0. Smith and Attor-
ney-General E. P. Dole on
= the Subject.

Whether under the United States
laws the lepers of the colony on Molo-
kai are competent to vote is a question
that has caused considerable discussion
now that the days of the Republic are
past and Hawaii is an American ter
ritory. Yesterday opinions were asked
of prominent attorneys on the question.
While have not looked particularly
into the matter, said ex-Attorney- Cen
eral w. o. Smith, my judgment would
be that the lepers have the right of suf-
frage. Under the laws of the Republic
they We're denied the privilege of vot-
! ing by the provision making only tax
payers who had paid their taxes eligi-
bic to vote. Under the United States
statutes this provision is stricken from
the laws and I see no reason why they
have not the same right TO vote as any
other citizen
Acknowledgement f. z. Dole in re-
Spouse to the request of the Advertiser
prepared the following letter which
gives in brief form complete state
ment of the matter of the eligibility of
| voters:
J
Der of inquiries at this office in regard
to naturalization and citizenship indi-
Gates that it may be public service to
publish the portions of the Territorial
Act and of the Revised Statutes of the
| United States relative to this matter
/ Seed of the Act to provide a Govern
ment for the Territory of Hawaii, pro-
vides:
t THAT all persons who were citizens
! of the Republic of Hawaii on August
twelfth, eighteen hundred and ninety
eight, are hereby declared to be citi-
zens of the United States, and citizens
of the Territory of Hawaii
And all citizens of the United States
resident in the Hawaiian Islands who
were resident there on or since August
twelfth, eighteen hundred and ninety
eight, and all the citizens of the United
States who shall hereafter reside in the
Territory of Hawaii for one year snail
be citizens of the Territory of Hawaii" "
Sec. 100 of the same Act, provides:
THAT for the purposes of naturaliza-
ton under the laws of the United
States residence in the Hawaiian ISL
ands prior to the taking effect of this
Act shall be deemed equivalent to resi-
dence In the United States and in the
Territory of Hawaii, and the require
ment of a previous declaration of in
Itention to become a citizen of the Unit
ed States and to renounce former allegi-
ance shall not apply to persons who
have resided in said islands at least
five years prior to the taking effect OF
this Act; but all other provisions of the
laws of the United States relating to
naturalization shall, so far as applica-
bic, apply to persons in the said isl
ands.''
Sec. 2165 of the Revised Statutes of
the United States, provides:
An alien may be admitted to become
a citizen of the United States in the fol-
lowing manner, and not otherwise:
iFirst.-He shall declare on oath
before a Circuit or District Court
iof the United States, or a
District or Supreme Court of the Ter
ritories, or a Court of Record of any of
the States having common law juris-
diction, and seal and clerk, two years,
at least, prior to his admission. that it
1 is bona fide his intention to become a
citizen of the United States. and to re-
lity to any foreign prince, potentate.
state or sovereignty, and particularly,
by name, to the prince, potentate, state
or sovereignty of which the alien may
be at the time a citizen or subject"
| Under the foregoing provisions,
briefly stated, any person who was q
citizen of the Republic OF Hawaii be-
fore the Territorial Act went into force,
or who was an American citizen resid-
ing here, having the other qualifications
essential to voting, is entitled to be
registered as voter here
Persons who have resided here more
than five years, who were not citizens
of the Republic of Hawaii. and who are
not citizens of the United States. being
Tree white persons. or persons of At
rlcan nativity or descent, are entitled
to take the final oath before the Dis
trlct Court of the United States in Ho-
noiuiu, or before the Supreme Court of
the Territory, and probably before any
Circuit Court of the Territory
Those who have not resided here for
five years are required to take out their
first papers as in other parts of the
United States.
The question has been asked whether
iepers on Molokai, having the requisite
qualifications for suffrage, are entitled
to register as voters. 1 see no reason
why they are not on the same footing
IN this respect as are other citizens.
E. P. DOLE,
Attorney General