The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-06-29
ONLY UNCLE
SANS MEN
Office HoIders Must be
Citizens.
THE LAW ON The MATTER
Attorney. General Dole Renders an
Opinion Which Di,quailiss
Several,

Those who are not citiz ms of the Ter
ritory of hawaii cannot hold office un-
der the Territory Of Hawaii. The Ter
ritorial bill lays down tn .aw in Sec
ton so of Chapter 3. There are several
men now In ofIit e In IL twaii who are not
citizens. The question II tn In right
to retain their positions has been raised
The law expressly states that this
requisite of citizenship apo les to "all
officers appointed under the Territorial
bill" and also says that "a persons
holding Office in the Hawaiian Islands
at the time this act takes effect shall
continue to hold their respective Of
fees until their successors are appoint
ed and qualified, but not beyond the
end Of the first session of the Senate of
the Territory of Hawaii, unle. s reap
pointed as herein provided"
Yesterday Attorney General Dole sent
the following opinion in the matter to
Governor Dole:
Territory of Hawaii,
"OfIice of the Attorney General.
Honolulu, II. L., June %. 1900
ITO His EXcellency. Sanford b. Dole,
Governor of Hawaii III Jnolu u. III. Il.
"Sir:-l have the honor to submit the
following opinion relative to the eligi-
bility of persons who have + sided h are
for long term of yeas without being
citizens either of the Republic OF Ha-
wall or of the United states to hold Of
flee.
THE conditions are so anon lous tn
/ presume no precedent can b. found.
7 rely solely upon construction of the
Territorial Act.
Section 10 provides for the natural
ization of foreigners who have resided
in the Hawaiian Is ands five years
without requiring first papers or ad-
ditional residence.
THE second paragr ph Of Section
provides that All citizens IF the United
States resident in the Hawa ian Islands
who were residents there on or since
August IL. 1898. and all citiz ms of the
United States who shat hereafter re-
side in the Territory Of Hawaii for one
year. shall be citizens of the Territory
of Hawaii
mo term OF resid ance. however long,
makes a British subj 7ct, for example. n
citizen of Hawaii or of the United
States. He becomes c'iiZan of tn.
United States only upon taking out his
final papers.
"The construction is toch~ical. pos
sibly severe: but 7 AN c'in@d to thu
pDl'1nl IHHI SutD Or lNH NNDl W wv
having resided here as citizen of the
United States prior r. 1--WE IA 1907.
must reside here ns sch ci'iz ~ for one
year before he can he apn"i~tea tn 4
Territorial office pursr"-t ~ he fourth
paragraph of Section so Of the Terri
torial Act
"T have the honor to be. sir, your
obedient servant.
sc. p. DOLE. Attorney General"
Under this construction-u .dDubtedly
a correct one-a number of men now In
office will have to vacate bef,re the end
of the coming Senate session. and 9TH
ers who possibly expected app ,tments
will have to cease hopilg. OF course,
with but years residence necessary to
qualify as a citizen. they may ook for
office at the expiration of the next
twelvemonth. There hive ben several
men named as suffe ers bv the law, AMI
among them II. C. Ovend n. The latter
has written to Tra asurer | ansi u. stat
ing that he Is an A nerican citizen. that
he lived in Iowa from IS % 1888, and
in the latter year came to Hawaii.