The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-14
ALL ARE
CITIZENS
Chinese Born in
Kingdom Are
Americans.
lat THE TIME OF
ANNEXATION
Judge Estee Makes Sweeping De
cision, Extending Citizenship
to All Native Born.


Court handed down an opinion yester-
day holding that all residents of the
Hawaiian Islands, whether born under
the monarchy or during the life of the
republic became citizens of the United
States, when annexation took place.
The ruling was in the case of two Chi
|nese boys, brothers. Ching Tai Sun and
Ching Tel Sal, who were born in the
Islands during the kingdom and re-
turned to China ten years ago. When
they attempted to re-enter this month
tration papers. Their birth in the ISL
ands was admitted, but it was contend
ed that they lost their citizenship by
not being residents of the republic when
lit became part of the United States.
The decision of Judge Estee is sweep
ing. in that it gives citizenship to ey-
ery Chinese born in the Islands.
The opinion is quoted in full below:
| This is proceeding for the deportation
of Ching Tai Sal and Ching Tai sun,
| two Chinese persons arrested upon COM
plant of E. r. Hendry, deputy United
States Marshal for the District OF Ha-
wall on the ground that they We're
Chinese laborers within the limits OF the
United States and also of the District OF
Hawaii, without certificates of residence
REQUIRED by the Act of Congress, ap-
4 proved May 5th, 1892, and the Act of No
/ vember 3rd, 1893, amendatory thereof, and
| the Acts of Congress, approved April
Goth 1900 providing a government tor the
Territory of Hawaii.
! Both defendants answered, claiming to
! have been born in the Hawaiian Islands,
and each to be an American citizen. BY
stipulation between the attorneys 1t was
agreed that both cases should be heard
and decided together.
/ 1t was shown on the hearing that these
defendants We're Chinese boys of the age
respectively of eighteen and twenty
years 1t was admitted that they were
born in the Hawaiian Islands OF Chi
nese parents when the government of the
1 Islands was a constitutional monarchy,
| their father being a Chinese laborer and
| a citizen of China; that when the boys
reached the age of eight and ten years
respectively. the father took his family,
including these boys, to China, where he
left them, returning to the Islands him
self one year thereafter.
| The boys remained in China for ten
years, coming back on or about July Stn
of this year on the steamer Peru.
| During the ten years absence of the
defendants from the Islands, several
governmental changes took place here.
| The monarchy first gave way to a pro-
visional government. ultimately resulting
in the Republic of Hawaii, and finally
/ In the annexation of the Islands by the
| United States as a Territory, which oc-
| Cured on July 7th, 1898, by reason of the
NewIands Resolution, so-called.
The question was raised upon the argu-
| ment that as these boys were born I'M
der the government of the Kingdom OF
| Hawaii, and not under that of the Re-
public of Hawaii, which was the exist
| ing government when the Islands were
annexed, and had left the Islands and
were living In China when these Islands
became a republic and afterwards Ter
ritory of the United States, that they
were not included in those who were adj
mitted to be citizens of the United States
by the Act of Congress, approved April
30th 1900
| In the Act of April 30th, 1900 (Vol. 81,
| u. S. Stats, page 14D, entitled an "Act
| to provide a government for the Terri
tory of Hawaii" it is prescribed by sec
ton thereof. relating to the question OF
| the Islands,
THAT all persons who Were citizens of
the Republic of Hawaii on August
twelfth, eighteen hundred and ninety
eight, are hereby declared to be citizens
! of the United States and citizens of the
/ Territory of Hawaii
| The question then presented and the
main question conceding the birth of these
boys in the Hawaiian Islands at the time
Lotto &c sar.,I,n aiX - f1,a On
public of Hawaii on August twelfth,
eighteen hundred and nnety-eight?"
| In this connection it will be necessary
| to review little of the history of the
annexation proceedings of this Territory.
i, On July 18th, 1898, the Congress of the
| United States passed joint resolution
| (Vol. 30, U. S. Stats, page $780, wherein
| the Islands were annexed as part of the
Territory of the United States and be-
came subject to the sovereign dominion
| thereof, although the actual and formal
cession of the sovereignty was not made
until August 18th, 1898, when the Hon.
Sanford B. Dole, the President of the
then Republic of Hawaii, formally turned
the same over to the Hon. Harold M.
Sewall, representing the Government of
the United States. and the United States
| flag was raised over the dome of the
executive building.
| Wnen the ceSSion was made, the gov
eminent of the Hawaiian Islands was a
Irepublic, with written constitution,
which constitution prescribed who were
| citizens of that republic, that is to say;
| Article II, section of that Constitution
provided:
THAT all persons born or naturalized
| in the Hawaiian Islands and subject to
the jurisdiction of the Republic, are cit1-
zens thereof"
! The provision of the Constitution OF
Hawaii controls as to who constituted
its citizens. The only question being as
to the construction of the clause sub
ject to the jurisdiction thereof"
In arriving at an Interpretation of the
above section of the Constitution of the
Republic of Hawaii we are aided by the
construction given to the Constitution OF
the United States, which has provision
in almost the exact terms of that of the
Constitution of Hawaii, namely, the
Fourteenth Amendment thereof which
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