The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-03
Must Have Lived
In Hawaii One
Year.
'MALIHINIS CAN
NOT VOTE NOW
Decision in the LOucks Case
Crushes Hopes Of the
Newcomers.

q y
before the time of registering. So de-
cided the Supreme Court yesterday and
the matter which has been so much
agitated of late. Is definitely settled.
The decision came in the case brought
by Frank Loucks against the Board of
Registration to compel the Board to
register him despite the fact that he
had been in the Islands less than
year Loucks contended that accord
ing to Section 1859 of the Revised Stat
utes of the United States all American
citizens who were in the Territory at
the time of its organization had the
right to vote at the first election. Lor-
rim Andrews who presented the case
for the Board held that Section 60 of
the Organic Act must be held to be In
forces despite the terms of the old stat
ute and that where they conflict that
Section so should control as ii was
passed with the view of meeting the
particular needs of this Territory.
The decision Is important as 1t in
wolves the question of the right to
vote of all American citizens who have
been in the Islands since June 14th last.
The opinion quotes the language of the
Organic Act wherein it provides for
registration of all voters and that they
must have been in the Islands for at
least a year before registering. The
section of the Revised Statutes under
which the contention Is made that all
Americans could vote is also quoted
and then the opinion says:
THE Organic Act covers the entire
subject of elections in Hawaii n mi
mute detail. If there is anything clear
from the whole act, II is that Congress
meant to provide for the election of
members of the Territorial Legislature.
There Is nothing whatever in the act
itself to indicate that Section so was
not intended to apply to the first cleo
ton. On the contrary II Section 1853
of the Revised Statutes should be held
to apply it would be necessary to hold
that not only Section 60 but other Sec
tions such as Section Is which provides
that persons convicted of certain Grim
inal offenses and certain other persons
shall neither vote nor hold office under
/ this government do not apply to the
first election. although there Is nothing
in those sections to so indicate and
Section 104 expressly provides that they
shall take effect within As days after
their approval.
ION the other hand Section 1859 may
be satisfactorily explained consistently
with this view. That section was in
tended TO provide for Territories ere.
ated where there was previously M
local government or provision for cleo
lions and where Congress intended t
leave 1t TO the people of the Territory
to enact their own election laws.
| Hawaii had already a local government
with system Of election laws. Thes,
laws were for the most part substan
TALLY reenacted by Congress in the Or
ganic Act. Congress did not intend {,
leave 1t to the local legislature to de
termine the qualifications of voters af
ter the first election and there was n,
necessity for its providing the quail
lfications for the first election, that is
before the local. Legislature could hav
an opportunity to so provide itself. o.
account of peculiar conditions her
Congress deemed it best to prescribe it
self the qualifications of voters at al
elections.
The court goes on to hold that TIL
Organic Act is a later and more partic
ular statute than the one relied on Il
the Revised Statutes and hence /
should control
Going on the Court says: "Specia
emphasis is laid upon the Requirement
of Section 60 that the applicant mus
have resided in the Territory not les
than one year. 1t is contended tina
this not mean the Hawaiian Islands Blu
that 1t can only mean the Territory
strictly speaking and that since tn
Territory was not established until tn
18th of last June, no one could unde
this section vote at the first electio
which is to be held in November mex
and that therefore Congress must hay
intended that Section 1859 should appl
to the first election. 1t may be>con
coded that it would have been NOR
appropriate to have said Hawaiian Is
ands' here than Territory and that 1
most other section of the Act the word
Hawaiian Islands and Territory ar
used appropriately. But til
; word Territory is used In the Act wit
reference to the Islands rather than tn
, government and Territory Hawaii
, ana hawaiian Islands are used inter
changeably to some extent and
would IL would be very natural to In
sert Territory where Hawaiian IsI
anos would be more appropriate. tn
o attention for the time not being direct
ed, especially TO the circumstances c
F; any particular election. No unifornit
e is found in the Act in the use of thes
terms.
1t is clear from a consideration c
the Organic Act~as compared with tn
chapter of the Revised Statutes refa,
red to, that Section 60 of the forme
and not Section 1859 of the latter wa
intended to apply. Section so Shout,
therefore. if possible, be so construe
as to apply. The word 'Territor,
might very naturally have been use
as meaning the territory or island
making up the Territory and not wit
. any special reference to the time whe