The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-03


no necessity for sgs providing tie qu--l-
ihcatiOns for the first election that IS
before the local legislature eo9ii awe
an opportunity 20 50 provide itself On
account Of peculiar conditions existing
here before. congress deemed il best -
prescribe itself the qualifications Of
voters al all elections. Il would De as
reasonable 10 hold that section 50 OF tRe
Organic Act was intended TO apply TO
the first election and that section 1850
CT the Revised Statutes was intsated
20 apply 20 ali subsequent elections IS
10 hold that section 80 Of the orgap:e
Act vas to apply TO subsequent elsc-
tons only and section 1883 OF the Re
vised Statutes 10 the first election
Il Is eontended that section 1859 Is
made 10 apply here under the Prov
sion OF section 5 OF the Organic Act
that except as herein otherwise pro
videi. all the laws OF the United Stats
which are not locally inapplicable shall
have the same force and effect here
AS elsewhere In the United States.
and further that the proviso to this
section 10 the effect tina; sections 1889
and 1880 OF the Revised Statutes tse-
tween which the section in question IS
found shall not apply here. shows that
section 1859 was intended 10 apply, for.
i, is argued. that also would have been
expressly excepted il il had not besn
intended to apply. But section 1883 is
excepted under the words except as
herein otherwise provided" and mt
locally inapplicable," in view of the
provisions of section so of the Organic
Act: and sections 1850 and 1890 had to
be excepted expressly, if at all, because
their subject matter was not covered
by the Organic Act. 1t would be IS
reasonable to hold that section 1860. as
to hold that section 1859, was intended
to apply here because not expressly
excepted-in which case section so OF
the Organic Act would never apply.
The Organic Act is the later statute
and as compared with the chapter TO-
ferred to it in the Revised Statutes il
is a more particular statute. 1t should
apply.
Special emphasis is laid upon the re-
quirenent of section so that the appli-
cant must have resided in the TER
RITORY not less than one year" 1t
is contended that this does not mean
the Hawaiian islands. but that it can
mean only the territory strictly speak
ing, and that, since the territory was
not established until the 14th of last
June, no one could under this section
vote at the first election, which is to be
held in November next. and that there
fore congress must have intended that
section 1859 should apply to the first
election. 1t may be conceded that ii
would have been more appropriate to
have said Hawaiian islands here
than territory" and that in most
other sections of the act the words
Hawaiian islands and territory
are used appropriately. as, for instance.
in sections 4. 81, 40 and 100. But the
word territory" is used in the act with
reference to the islands rather than the
government, and territory" Hawaii
and Hawaiian islands" are used inter-
chang sably to some extent; and 1t
would be very natural TO insert terri
tory" where Hawaiian islands" would
be more appropriate, the attention for
the time not being directed especially
election. In section 2 it is provided
that the Hawaiian islands shall be
known as the Territory of Hawaii,
and in section "a territorial govern
ment is hereby established over the
said territory" In sections 4, IS, 40 ami
80 and other sections. hawaiian is
land" is used as including the Terri
tory of Hawaii. In sections IS. 81, 1902
and 1913, Hawaii is used in place OF
territory" No uniformity is found in
the act in the use of these terms
1t is clear from consideration Of the
Organic Act as compared with the
chapter of the Revised Statutes re-
fe-red to that section so of the form
er and not section 1859 of the latter
was intended to apply. Section so
should, therefore. if possible. be so con-
strued as to apply The word terri
used as meaning the territory or is
lands making up the territory and not
with special reference to the time when
a territorial government was estab-
lished here, the attention not having
been especially directed to the cireum-
stances of any particular election. aud
all elections TO take place only after-the
establishment of the territorial gov
eminent. In our opinion the clear in
tention may be given effect consistently
with the language of section so and
therefore should be given effect
The appeal is dismissed and the DE-
cision Of the board of registration re-
fusing to register the name Of the ap-
plicant Is affirmed.
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