The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-07-11
FEES COLLECTED ILLEGALLY.

Z les COLLEOEED lLLEJ q LII ..
The Republican has several times
called attention to the fact that Hs-
wall wss now an American Territory.
Notwithstanding this there are q num-
Der Of officials who do not seem 10 be
able to realize ii. The Republican de-
sires to say to them in all kindness
that It Is high time they grasped the
idea that Hawaii is now American soil
and that American laws prevail.
There has been considerable com
plant on the part OF aliens who have
been naturalized because OF the excess
i've fees for final naturalization papers.
II is well known TO every man who has
ever looked into the question that the
fees for final naturalization papers in
every State in the Union are only a
nominal sum, generally less than two
dollars
The Republican began an investiga-
ton Monday as to why the naturaliza-
on fees were so excessive in Hawaii,
and ascertained that every one securing
naturalization papers had TO first file
petition in writing, on which he was
compelled to pay fee of two dollars
in stamp taxes. The Republican is in
formed that the Attorney-General Of
the Territory has held that the impo-
sition of the stamp tax is legal and
not contrary to the United States sta
tutes. While it is true that only Con-
gress has the power to levy duties. i'm
posts and excises, 1t is not necessary to
go into that question in this connec-
ton.
The whole proceedings INDUCED in in
Hawaii thus far in the matter of nat
uralization have been illegal and
wrong. Section of the Organic Act Of
Hawaii says: That the Constitution
of the Republic Of Hawaii and the laws
OF Hawaii. as set forth in the follow
ing acts, chapters, and sections Of the
civil laws. penal laws and session laws,
and relating to the following subjects
are hereby repealed"
Then follows long list OF acts and
laws repealed. including in the forty
first line of Section these words:
Chapter one hundred and two, natu-
ralization'
Notwithstanding that Congress re-
pealed the Hawaiian law on naturali-
zation, every man who has appeared
before the court to secure his naturaE-
zation papers under Section 100 of the
Organic Act has been compelled TO file
a, petition in writing or petition for
naturalization, on which he has had
to pay a stamp tax of two dollars. This
is following out the form prescribed
for naturalization in chapter one hun
dred and two, Laws of Hawaii. whicn
was repealed by Congress. Every such
petition has been Illegally made and
every payment of two dollars stamp
tax on such petitions has been illegally
collected. Every citizen who has
received his naturalization papers
should demand of the clerk of court
instant restitution of the money thus
Illegally taken from him, or institute
proceedings against the clerk of court
for malfeasance in Office.
Congress, in its wisdom, repealed
the obnoxious naturalization laws of
Hawaii and provided that aliens in Ha-
waii should secure their naturaliza-
ton as citizens of the United States
under United States laws only. The
only way an alien can become citizen
of the United States is under Section
FIGS, Revised Statutes of the United
States.
He is not required under that section
TO file petition in writing or petition
for naturalization. He is required TO
declare on oath before the court. etc.
not before the clerk OF the court He
IS required to furnish satisfactory evil
ience to the court that he has resided
within the United States lin Hawaii |
i've years at least and that be has be- /
laved as man OF good moral charac-
er. He does not do this before the /
Jerk. He must do 1t in open court, and |
he clerk must keep record of the 1
No petition is required /
al that is necessary is for the appli- |
ant for citizenship to go before the /
'ourt with his witnesses and make his /
application in open court.
The whole proceedings thus far have
seen wrong and the clerk Of the court
;annot too quickly make restitution |
% the men who have been mulcted % /
he tune OF two dollars apiece for
stamp tax. which was Illegally i'm
,osed.
II is well to not lose sight OF the fact
hst Hawaii Is now American soil, and
hat American laws prevail.
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