The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-12-10
HAO ON THE CHINESE MA7S IROS qMOMBB 70 CRITICISM ARRESTED THREE TIMES
WILL TEST RULING DENYING
THEM CITIZENSHIP HERE.
Claim That Section of Organic Act
Guarantees Them Citizenship Gained
in Republic of Hawaii.

The recent decision of the treasury
department denying citizenship to
Chinese who had been citizens under
the Hawaiian Republic has aroused
more dissatisfaction among the Chi
nese in the Islands than any other ad-
verse legislation which has been made
against them in years. SO general is
! the resentment felt that, meeting win
! be called this week by Chinese who had
supposed that under the Organic Law
their previous citizenship had been pro-
tected, when they will discuss the de-
tails of testing the matter in the courts.
Mr.. r. Kat Poo who became a citi-
zen of Hawaii fully ten years ago is
! taking a prominent part in the move
ment. There are fully 100 Chinese re-
siding throughout the Territory who
were supposed to enjoy citizenship and
who voted at the last election. A fund
will be raised for the purpose of re-
! tanning legal talent to prosecute the
case. 1t is the intention of the Chinese
to carry the case to the highest courts.
! While only comparatively a small
number of Chinese are directly affected
! by the adverse ruling, the commercial
! interests and various prominent MEM
bers of the local Chinese colony will
lend their financial aid and moral sup
port to the matter. The Chinese will
also bring the matter to the attention
of their Minister Mr.. WI, at Wash
! ington and ask his advice and assist
ance. Owing to the unfriendly manner
with which the local consul is regarded
by many of his countrymei. Kat Poo
and the others associated with him
will endeavor to act Independently of
the Hawaiian consul.
1t is very probable however that this
question will be settled for the Chinese
without their engaging counsel, for an
appeal is to be taken to the circuit
~ III
MIA in the case of two Chinese, which
will bring up the present question in
VOlved. This action is that of Lau
King and Chun Hoy who were recently
ordered held by Federal Judge Estee
for deportation.
Some time ago these men succeeded
in enterir~ here from China on the
grounds that having been born in Ha-
waii they were 1titled to return. They
We're passed by the Customs officials
but recently the pair were arrested and
charged with being unlawfully in this
country. The court ruled that they
had failed to prove the contention
over their place of birth The appeal
which Lorrin Andrews, their attorney,
will take will bring out two questions,
first that of fact involving the truth
of their claim of Hawaiian birth; and
second, whether having been born here
IT, as laborers, have the right TO re-
enter.
dTing from the policy of American
legislation wherein the Chinese are
concerned the local citizens stand a
very poor chance of having their
rights under the Republic continued by
the United States. All of the decisions
} and rulings of the American courts and
officials has been to deny citizenship
to Chinese and to deprive those who
did enjoy it of their civil standing Not
only does this policy extend to refusing
, to permit Chinese to be naturalized as
is granted to other foreigners but it is
so far reaching in its effect as to ac-
tually take the stand that even if born
on American soil Of Chinese parents,
: that person can not become a citizen.
In spite of this well known and re-
peatedly defined anti-Chinese policy
the local Chinese residents and no
doubt even the local trainers of the
Organic Act thought that the rights
: of citizenship of Chinese citizens of
the Republic of Hawaii would be pro-
tected This was based upon Section
; of the Territorial Act which related
to citizenship as follows: THAT all
, persons who were citizens of the Re-
public of Hawaii on August twelfth
eighteen hundred and ninety-eight. are
: hereby declared to be citizens of the
+ United States of America and citizens
of the Territory of Hawaii"
Some months ago the effectiveness OF
|
, questioned by United States District
Attorney Baird in the case of Lau
q Sam 1t was claimed by Lau Sam that
he had been born in Hawaii and al
though he had resided in China he was
citizen of Hawaii and entitled tC
land. Mr.. Baird raised the point thai
even had the man been born here he
had no right under the American law;
Z to re-enter. The case was finally de-
! cided on the question of fact the ap-
pellant having failed to prove his con-
! tention of Hawaiian birth, so the mat
: ter raised by Mr.. Baird was not
touched upon. Subsequently the soli'
citor of the Treasury seems, in his re-
cent decision, to have sustained the
!. question raised by Mr.. Baird.
l 1t was claimed at that time that Sec
. tion of the Territorial Act guaran'
teed the right of citizenship to Chi
nese. This supposed purpose of this
section was further strengthened by
q | the Constitution of the Hawaiian Re
public which declared that all persons
" who had become naturalized or haC
q been born in the Republic were citi
zens.
In matters of law, however, no single
law or decision can be taken solely b!
itself but must be considered and com
pared with previous laws and subse
quent decisions unless in repeating eX
listing laws at it's time of enactment
such repeal should be carefully speci
fed. The legislative and judicial poll
cy of the American government upol
Chinese affairs was too well know
and too adverse to warrant the sup
position that the desire of the Ameri
can government was TO nullify it's pre-
Vious laws and favor the Chinese Il
Hawaii by permitting them to secur
citizenship through the backdoor whel
Chinese, even If born in the States o
otherwise naturalized could not becom
! citizens through the front door on tn
mainland.
AS a matter of fact that such wa
Z not the desire of the American govern
ment seems to be amply Indicated b
a subsequent clause in the Organi
Act itself which qualities the matter {
the citizenship Of the Chinese. Thi
qualifying clause is Section 10l whic
reads THAT Chinese in the Hawaiia
Islands when this Act takes effect ma
within one year thereafter obtain cei
CONTINUED on page ive)