The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-05
IN THE SUPREME COURT OF THE TERRITORY OF
HAWAII
IN THE NATTER OF THE APPEAL OF FRANK H.
LOUCKS FROM THE DECISION OF THE BOARD
SErTEMBER TERN, 1900.
SUBMITTED sfrrrMBEe IS, laoo,

SUBMITTED SEPTEMBER 2s 1900 DECIDED OCTOBER ?, 1900
FEEAs, Cd, GALBRArrn PERRY, JJ.
of Organic qualifications
Territory election well TO
Section 1859 of the Revised
OF qualifications of
a thrstee n Territories in general.
shall have resided in
preceding the time which
requiring such term of
residence the Hawaiian Islands and not necessarily after the
establishment territorial government said islands
OPINION OF THE COURT BY FREAR,
This an appeal from decision of Board of Registration
for the Island of Oahu refusing register the of the
pcsnt Frank H. Loucks The appeal taken under Section AZ
of the "Rules and Regulations for Administering Oahs and
Holding Elections Civ L. 100 The only ground upon
which registration refused that the applicant had not
resided in the Hawaiian Islands preceding the at
which heofered to register.
The question is which Of the following provisions of the
Of the United States governs this namely Section
of Revised Statutes which found in the chapter
titled provisions Common All the Territories and which
reads
every male citizen age of twentyone including
persons who have legally declared their intention become cit
Territory hereafter organized and who actual
residents of such Territory the time of the organization
thereof shall be entitled the first election in such Terri
tory and hold any Office therein subject nevertheless to the
limitations specified in the next section"
Section go Of An Act Provide Government the Ter
rtoy of Hawaii, found in u S St for 1900 page Isl,
which reads:
THAT in order be qualified representatives per
shall
First Be a male citizen of the United States.
Second Have resided the Territory less than year
preceding and the representative district which he offers
register less than three months Immediately preceding the
time a which he offers to register.
Third Have attained the age Of twenty one years
FOURTH Prior each regular election during the pre-
scrbed by law for registration have caused his be
entered on the register of voters for for his dis
Fifth lie able speak, read and the English Ha
wanan language"
contened that Section 1859 of the Revised Statutes was
intended apply the first election Hawaii and thatSecon
90 of the Organic Act intended apply subsequent cleo
tons only
Organic subject elections
wall minute detail If there is anything clear from the whole
Act that Congress meant to provide this Act all the eg
aon provide all for the election of members of the
Territorial Legislature There is nothing whatever in the Act
itself indicate that Section go intended apply the
first election On the contrary Section 1859 should be held
apply would be to hold that not only Section 60 OF
the Organic Act but other sections such Section 49, which
provides that persons convicted of criminal oenses and
certain other shall neither hold office under this
government do apply the first election, although there
nothing in those sections Indicate and Section 104 expressly
provides that they shall take effect fove days after their APP
prevail Moreover Section 80 of the Act relating the number
of Senator's expressly refers the first eectionas if that
well other elections in the contemplation of Congress in
making this law.
On the other hand Section 1850 of the Revised Statutes NAV
be satisfactorily explained consistently with this view. That
section intended provide for Territories created where
there previously local government provision for eee
tons and where Congress intended leave the people of the
Territory their election laws The very
on 1850 provides that all subsequent elections however,
holding office shall be such may be prescribed by the egsa
tive assembly Of each Territory subject" &c. Hawaii already
had local government with system of election laws These
laws for the part substantially reenaced by Congress
in the Organic Act Congress did intend to leave it the
local legislature to determine the qualifications of after
the first election and there was no necessity for its providing the
qualifications for the first election that before the egis
lature could Rave opportunity provide itself On
OF peculiar conditions existing here Congress deemed it best
prescribe itself the qualifications voters at all elections 1t
would be reasonable hold that Section 60 of the Organic
intended to apply to the first election and that Section 1860
of the Revised Statutes intended apply all subsequent
elections hold that of the
apply subsequent elections only and Section 1850 of the Re
vised Statutes to the first election
IL contended that Section $50 made apply here under
the provision of Section Of the Organic Act that Except
herein otherwise provided all the laws of the United States
which locally napplcabe shall have the same force and
effect here las elsewhere in the United States and further that
the Proviso to this Section TO the effect that Sections 1850 and
1890 of the Revised Statutes (between which the qes