The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-06-28
is ATTORNEY GENERAL DOLE
RIGHT?
Another Opinion on the Subject Of Citi-
zenship, BASED on Construction
Analogous Cases.

EDITOR STAR: The attorney general
has just rendered an opinion as to the
right of a certain class of persons to
hold office under the Territory of Ha-
wall, which, because of the importance
of the subject, is Justly receiving much
attention. IL he is wrong in his opin-
ion an injustice will be done number
| of men who have done excellent SER
/ vice to the country, and have shown
themselves endowed with the best at
tributes of citizenship.
1t may seem presumptuous in lay
man to controvert the legal opinion Of
! the attorney general. But do il in no
presumptuous or caviling spirit. He
says himself that his opinion is based
on construction solely. is technical and
may be severe.
The point of his opinion is that an
| alien who becomes a citizen of the Uni
| ted States under section 100 of the Ter
ritorial act, which valves the require
ment of a previous declaration of in
tention to become a citizen, must then
reside in the Territory of Hawaii one
year "as such citizen" before he can
be appointed to a Territorial office pur-
suant to the fourth paragraph of Sec
ton so.
Now that fourth paragraph is as fol-
lows, and nothing more: "All officers
appointed under the provisions of this
section shall be citizens of the Territory
of Hawaii" So that the conclusion
reached all depends on the answer to
the question, WHO is a citizen of the
Territory of Hawaii?"
Turning to section four of the act, we
find that the second paragraph says:
And all citizens of the United States
resident in the Hawaiian Islands who
were resident there on or since August
twelfth, eighteen hundred and ninety
eight shall be citizens of the
/, Territory of Hawaii"
: Now apply this rule to a British sub
ject, for example, who has resided here
for five years or more. Under section
100 he is entitled to become a citizen OF
} the United States at once today, by
making the proper application and fur.
nishing the proper proofs before COM
petent court. Assume that such Brit
ish subject does do that, today. I'M
mediately he is a citizen of the United
States resident in the Hawaiian Islands
and one of those "who were resident
there on or since August twelfth, eigh
teen hundred and ninety eight" He
has put himself completely and wholly
within the terms of the act. and /!
therefore a citizen of the Territory o.
Hawaii and therefore eligible to holC
E territorial office.
The attorney general says the ques
. ton is without precedent, and therefor
he bases his opinion on construction
nut lel us see IL llBHl may Hot p'
, thrown on the subject by an analogous
! matter for which there are precedents
: An alien completes his five years resi-
dence in the United States and is enti
I tied to his final papers" the day befor
a an election. If he secures his final pa
= pers" the day before the election, woul,
the attorney general say he was not en-
, titled to vote at that election? If he di
r he would be given the merry laugh
f by every campaign committee in tn
v United States that heard of it, for hun
0 dreds of aliens do complete their natu
: ralization the day before election. an
h vote on election day, and thousands an
= tens of thousands complete their nat
d uralization within a few weeks of elec
d ton, and vote, and yet not one of ther
e has resided, "as a citizen" a year with
in the State or Territory wherein h
votes. LAYMAN.