The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1901-04-26

dogs" and instead OF setting" the
masculine drinks up be answered
with a sweet voice saying: You
bet your life, how mSch." Obi we
want Mr. Dole and his opinions.
This is his opinion you can take the
rest out Of him:
"Territory OF Hawaii, Office of the
Attorney Ganeral, Honolulu, II. l.,
April %, 1901.
"To His EIcellency Sanford B.
Dole, Governor OF the Territory OF
Hawaii.
"Sir:-I have the honor, at your
request, to submit the following
opinion relative to that potion OF
Section 55 of the Organic Act which
provides, that: The Legislature, st
its first regular session after the
CENSUS enuu GRAFTON shall bs ascer-
tained, and from time to time there.
after, shall re-,pportion The mem
bership in the senate and house OF
representatives among the senatori.
al and representative districts on
the basis OF the population 10 each
OF said districts who are cit zens OF
the Territory Tn some prrcinats
the womsn and children are almost
entirely Hawaiian horn, whila their
hush ,nds and fathers are mainly
Asistic', ineligible t. citiz nship,
These conditions seriously affect the
relative strength OF political parties
in thi, Territory, and in manner
that Congress probably did not COO
template; hut when provision of
the Organic Act is as plain az the
English anguage can make it and
is not in conflict with the constitu-
tion of the United States, it cannot
be avoidsd by construction, what
ev"r its consequence may be-
"This PROVISION declares that 7 :
apportionnent shall be 'on the basis
of the population in each of said
districts, who ara citizens OF the
Territory
"Ssction 4 of the Organic Act de.
clars.: That all persons who wer"
citizens OF the Republic of Hawaii
on August twenlth, eighteen hun
drsd aud ninety.eiRht, are hereby
declared to be citizens of the United
Stat az and citizens OF the Territory
of Hawaii. Aud all citizens OF the
| United States resident in the Ha.
waiian Islands who were resident
there on or since August twelfth,
eighteenth hundred and ninety
eight, and all the citizens Of the
United States who shall hereafter
reside in the Territory of Hawaii
for one year shall be citizsns OF the
Territory OF Hawaii
"Ssctions 60 and 62 of OF the
Organic Act declares: That in order
t. be qualified to vote for represent
ativss person shall, first, be male
citizen OF the United States; second ,
have resitel in the Territory not
less than one year preced ng aud in
the representative district in which
he offers to register not less than
three months Immediately prsced.
ing the time at which he offers to
register; third, have attained the
age of twenty-one years; fourth
prior to each regular election, dur
ing the time prescribed by law for
registration, have caused his name
TO be entered on the register OF
voters for representatives for his
district; fifth, be able to speak, read
aud write the English or Hawaiian
language That in order to be
qualified to vote for senators and
for voting in all other elections in
the Territory OF Hawaii a person
must possess all the qualifications
and be subject to all the conditions
required by this Act OF voters for
representatives.
X x 4 y
Upon the overwhelming weight ol
authority, as we'll as from the Or
ganic Act itse'f, it seems to me
plain that the word "citizen" can
not bs limited to those who have
| L. ....LI IL L..L LIZ L.