The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-05

year. conended that this does not mean the a-
Islands but that it only the Territory strictly
speaking and that the Territory not established until
4h of last June could under this section vote at the
first election which be held in November next, and that
therefore Congress have intended that Section 1859 should
apply the first election be conceded that would have
appropriate have said Hawaiian Islands here than
Territory and that other sections OF the Act the words
Islands and Territory" used appropriately
Sections 81 40 and 100 But the word Ter
ory used the Act with reference the islands rather
than the government Territory Hawaii and Hawaiian
Islands used INTERCHANGEABLE some extent and it would
erritory where Hawaiian Islands
would be appropriate the attention for the time not being
directed especially the circumstances of particular cleo
ton In Section it provided that the awaian Islands
shall be known the Territory of Hawaii and in Section
Territorial government hereby established the said
Territory In Sections 81 40 and 90 and other sections
waian Islands used including the Territory of Hawaii In
Sections 81 1O2, and 1913, Hawaii is used place of
Territory. No uniformity found in the Act in the of
these terms.
1t is clear from consideration of the Organic Act com
pared with the chapter of the Revised Statutes referred that
Section 60 of the former and Section 1859 of the latter
intended apply Section 60 should therefore, possible be SO
construed apply The word Territory might naur
ally have been used meaning the territory islands making
up the Territory and with special reference the time when
territorial government established here the attention not
having been especially directed the circumstances of
tcur election and all elections take place only after the
establishment of the territorial government In opinion the
clear intention may be gwen effect consistently with the
of Section 60 and therefore should be given effect
The appeal dismissed and the decision of the Board of Reg
aton refusing register the Of the applicant affirmed
Darts d Gecr for appellant.
l.. Andrecs Chairman of the Board in person.
IN THE SUPREME COURT OF TIE TERRITORY OF
HAWAII
IN THE MATTER OF THE APPEAL OF JOSEPH IRv-
ING FROM THE DECISION OF THE BOARD OF
REGISTRATION FOR THE ISLAND OF OAHU.
SUBMITTED OCTOBER l. 1900. DECIDED OCTOBER 2, 1900
FEEAR CD, GALBRAIrH PERRY, j.
precinct
meaning of
Honolulu docks wharf precinct is
home
OPINION OF THE COURT BY GALBRAITH,J
This appeal permitted by statute the
of the Board of Registration for the Island of Oahu refusing
applicants upon the list of qualified in the
sixth precinct of the fourth district of the Island of Oahu The
facts as admitted are follows, to-wi
THAT the applicant citizen Of the United States
by naturalization and 81 of and resi-
dent in the Hawaiian Islands and August 12th 1885,
and has resided within the sixth precinct of the fourth district of
the Island of Oahu for than three months last board
of the Iwalan owned by Steam Navi
cation Company occupying fixed and permanent upon
SAID steamer for seven months last past the permanent berth of
said steamer being the nterIsand wharf Honolulu Wal
XIX of Nuuanu street and within the sixth precinct aforesaid
that Honolulu the home port of said steamer trips being made
theretrom to various other ports within the Territory of Hawaii
and said vessel having fixed permanent route travel
ing to different ports from time time according the exigen
ce OF business that while upon said trips of the port Ho
nouu the applicant has stopping place residence whatso
ever upon the other islands the various ports visited by said
steamers that applicants residence said boat precinct
and that applicant has other residence place of abode and
that he has no residence place of abode shore That he APP
eared before the Board and demanded that his
on the list OF qualified voters for the sixth precinct the fourth
district and that his demand was denied'
The appellant contends that possesses all of the ouaica-
lions of legal and entitled right to have
his name entered the list of for the precinct district
as demanded While it insisted behalf of the Board of
Registration that he does possess all the qualifications re-
CURED IN Section 60 of the Organic Act and particularly that he
disqualified under the requirements of subdivision two of said
ha
voter he must have resided the Territory not less than
one year preceding, and in the representative district which
ne offers to register not less than three months Immediately
cedlng the time which he offers register in this that he
has failed show flat he La