The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-02
CLARKE CAN
NOT VOTE
udgeHumphreys Gives
Opinion.
REGISTRATION INVOLVED
In a Verbal Opinion He States one
Must be a Year to
Vote.

I '''''''"i P'iHIs are now In the Supreme
Court Judge Humphreys yesterday de-
cided not 10 render a formal decision
IN the registration case brought by Ed
win g. Clarke against the Board OF
Registration To- compel the Board to
permit him To register as a voter. al
though he has not been here for year
past.
/ But Judge Humphreys stated that
While these cases were now pending in
/ the Supreme Court he was not pre-
vented from stating his opinion in the
I matter and this opinion is decidedly
adverse 10 Mr.. Clarke. and if il is fol-
/ lowed by the Supreme Court il viii
/ dash 20 the ground the hopes Of a num-
/ Der or Americans who came 10 the ISL
ands before they became Territory
I or the United States but who have not
been here the necessary year To entitle
. them To vote at the-coming election.
/ Clarke's case was somewhat different
from that OF the others who have
brought suits against the Board TO Sc
cure the right To vote in November. He
came 20 the Islands I'm 1896. remaining
a
away, returning last October. When he
applied for a certificate Of registrat ton
he was refused because he had not
lived in the Territory during the past
year.
The case was argued yesterday after
noon before Judge Humphreys and at
the conclusion Of the statements Of the
/ counsel the court said that owing 70 the
N.s.T
the Supreme Court involving similar
points he would not render formal
decision. Il am not prevented, how
ever" he added smiling, from render
ing an opinion on the subject, and the
supreme Court may follow it if it
chooses. 1 have given a good deal of
thought 10 this question and it is my
opinion that the expression Territory
Of Hawaii. in Section so Of the Organic
Act. does not mean the Territory OF
Hawaii 10 nominee. or in the political
sense. but in the geographical sense I
believe and that % be- entitled 10 regis
ter in the Territory Of Hawaii one must
have resided in the Hawaiian Islands
for one year preceding the time at
which he applies for registration.
believe that the words preceding is
.oediug That is the definition Of the
q word as given In the Standard Diction-
AIRY and I believe that 10 Is the correct
one.
20 This construction is not changed by
the fact that in another section Of the
% Act person f. required 20 reside in a
precinct Tor three months Immediately
\ preceding the time Of registration. FOL
T4..s .F.-f
J. used in my opinion merely as a word oi
emphasis.
Il believe that when Congress USED
the words Hawaiian Islands and Ter
ritory Of Hawaii they were meant Il
be- considered as synonymous terms
They are used as such constantly a
= the present day and will continue 20 be
so used in the future, 10 is my belief
, To give the construction 10 these eN
'pressions which the plaintiff asks would
be- % defeat the end desired by Con
gress in passing the Organic Act. t
follow the letter of the law in man!
eases would work substantial injustic
and the intent Of all courts is to con
strue the law according 70 its spirit in
stead Of It's letter.
The purpose Of the registration
enable those people who had resided il
the Islands for one year and were henc
familiar with conditions here and wit
the character Of the people Of the Isl
.ands u vote at the first election and n
others. for people who had lived her
for less than a year could not be TX
peCted 10 be- able 10 vote as Intelligent
? upon questions concerning the weltar
. er-H Is "a
i here for some considerable length q
. time.
b. owing TO the state Of the cases J
the supreme Court I render no dec
sion I'm this case but await the declslo
IL the higher courts"
A this opinion was a substanti,
victory FOR the Board Of Registration
Chairman Andrews who had presenle
the case for the Board left the con
room wreathed in smiles.
It is expected that the supreme Cou'
~ will render a decision in the two case
submitted % IL today so that IN u
event ~ a ruling which would ups
the prevailing opinion concerning II
construction OF the law the news OF u
decision may go out on the Island boa
TO HiIo and 10 Maui and kauai toua
IL decision were deldEtu ul''4i a.
the departure Of these boats and
should be such as 20 change the
cepted ruling the Boards Of Reglstr,
ton on the other Islands would not
y. able 10 get hold Of the ruling In time
= give man that would by it be ma
eligible. an opportunity 10 vote. kesl
,ration closes on all Of the Islands
r october 10th.
e So the decisions in the Louck ana II
inc cases are expected TO be hand
n, down this morning. The former ca
=, y.as heard last week and taken una
,r. odvisement. but the Irving case VI
TO- s,,brnitted yesterday Irving is emplo
Of "a on the steamboat Iwalani and wish
be 40 be allowed 20 register in the Six
u ~, rrecfnct Of the Fourth District. callil
his domicile the spot where the lwala
lies when in port here. His case W
%, presented 20 the Supreme Court yeste
day by L. =. Mechanism. Mr.. NJ
Clanahan clhimed that the Iwalani W
,rt Nr,arfcan territory no matter where s