The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-06-22
STATUS OF
The LEPERS
MoIokai Unfortunates
May Vote,
DISABILITY is REMOVED
Opinions Of w. 0. Smith and Attor-
ney-GeneraI E. P, Dole on
the Sub 'ct.

Whether under the United States
laws the lepers of the colony on Molo-
kai are competent to vote is question
that has caused considerable discussion
|, now that the days of the Republic are
past and Hawaii is an American ter
ritury. Yesterday opinions were asked
of prominent attorneys on the question.
while | have not looked particularly
into the matter" sad eX-Attorney- Gen
eral w. o. Smith, my judgment would
be that the lepers have the right of sur-
frage. Under the laws of the Republic
they were denied the privilege of vot-
ing by the provision making only tax
payers who had paid their taxes eligi-
BILE to vote. Under the United States
statutes this provision is stricken from
the laws and l see no reason why they
have not the same right to vote as any
other citizen"
Attorney General +. Z. Dole in re-
Spouse to the request of the Advertiser
prepared the following letter which
gives in brief form a complete state
ment of the matter of the eligibility of
voters:
Editor Advertiser:-The large num-
Der of inquiries at this office in regard
to naturalization and citizenship ndi-
Gates that it may be IA public service to
publish the portions of the Territorial
Act and of the Revised Statutes of the
United States relative to this matter
Sec. of the Act to provide a Govern
ment for the Territory of Hawaii, pro-
vides:
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 shall
be citizens of the Territory of Hawaii.
Sec. 100 of the same Act. provides:
THAT for the purposes of naturalZa
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
tention to become a cit zen of the Unit
ed States and to renounce former allegi
ance shall not apply to persons who
have resided in said islands at leas'
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
BILE, apply to persons in the said ISL
ands."
Sec. 2l65 of the Revised Statutes of
the United States. provides:
IAN alien may be admitted to become
a citizen of the United States in the fol
lowing manner. and not otherwise:
First.-He shall declare on oath.
before a Circuit or strict Court,
of the United States. or al
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 wears
at least, prior to his admission that It
is bona fde his intention to become a
nource forever all allegiance ard fdel-
ity 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 n
citizen of the Rerublic OF Hawaii be-
fore the Territorial Act went into force,
or who was an American citizen resld
ing here, having the other qualifications
essential to voting, is entitled to be
registered as a voter here.
Persons wto have resided here more
than five years. who We're not citizens
of the Republic Of Hawaii, and who are
not citizens of the United States being
free white PERSONS. or persons OF AZ
rican nativity or descent. are entitled
to take the final oath before the Dis
trict Court of the United States in Ho-
nolulu. or before the Supreme Court of
the Territory, ard probably before any
Circuit Court Of the Territory.
Those who have not res ded here for
five years are required to take out their
first paTers as in other parts of the
United States.
The question has been asked whether
lepers on Molokai. having the requisite
qualifications for suffrage are entitled
to register as voters. ! see no reason
why they are not on the same fOnting
in this respect as are other citizens.
T.. p. DOLE.
Attorney General.