The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-26


portionment Of Representation.
The Attorney General has rendered
the following opinion TO the Govern
or:
Territory of Hawaii, Office of the
Attorney General. Honolulu. H L,
aApril %. 1901
To His Excellency Sanford B. Dole,
Governor OF the Territory of Hawaii
Sir:-I have the honor. al your re-
quest, TO submit the following opin-
ion relative to that portion of Section
55 of the Organic Act which provides
that: The legislature, at its first
regular session after the census emu
meration shall be ascertained. and
from time to time thereafter, shall re-
apportion the membership in the SEN
ate and house of representatives
among the senatorial and representa-
tive districts on the basis of the popu-
lation in each of said districts who are
citizens of the Territory" In some
precincts the women and children are
almost entirely Hawaiian born, while
their husbands and fathers are mainly
Asiatics. ineligible TO citizenship
These conditions seriously affect the
relative strength of political parties
in this Territory. and in a manner that
Congress probably did not contem-s
plate; but when provision of the
Organic Act is as plain as the English
language can make it and is not in
conflict with the constitution of the
United States. it cannot be avoided by
construction, whatever its consequence
may be.
This provision declares that reap
portionment shall be ION the basis of
the population in each of said districts.
who are citizens of the Territory
Section 4 of the Organic Act de-
elares: THAT al 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.
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, and all the citizens of the Unit
ed States who shall hereafter reside
in the Territory of Hawaii for one
year shall be citizens of the Territory
Of Hawaii"
Sections so and 60 of the Organic
act declare: That in order to be
qualified to vote for representatives
person shall. first, be male citizen
of the United States; second. have re-
sided in the Territory not less tnan
one year preceding and in the repre-
sentative district in which he offers to
register not less than three months
Immediately preceding the time at
which he offers to register: third, have
attained the age of twenty-one years:
| fourth. prior TO each regular election.
during the time prescribed by law for
registration. have caused his name
| 10 be entered on the register of voters
/ for representatives for his district:
| fifth, be able to speak. read and write
| the English or Hawaiian language. ;"
THAT in order to be qualified to vote
for senators and for voting in all 9TH
er elections in the Territory of Hawaii
person must possess all the qualifi-
cations and be subject TO ali the con-
oitions required by this Act of voters
for representatives.
From the fore going sections it plain
IL appears that citizenship is only one
of several indispensable qualifications
for the right of suffrage. such as age.
sex and education in English and Ha-
waiian. The reapportionment is re-
quired TO be, not according to the
number of qualified voters. but ION the
basis of the population in each OF said
districts who are citizens of the Ter
ritory."
| 4 citizen is one who by birth. natur
alization or otherwise is member
OF an organized government and. as
such. is subject to its laws and entitled
TO its protection in the enjoyment OF
civil or private rights. Webster's Die
tionary: Century Dictionary. Ahrigo
Y. State. 80 Tex App 14s: Blanck V.
Pansch. 11S. III so: Walsh V. Lallan-
de. IS La Ann. ISIS; Lyons V. Gun
ntngham. Sc Cal IS; State V. Fair
lamb. III Mo. $50.
The possession Of political rights
is not essential 70 citizenship. Minor
Y. Happsrsett. 81 Hall. 1s2s LYONS y
Cunningham. Sc Cal AZ: Van yalken-
burg V. Brown, IS Cal. ~: People V.
De La Guerra. 40 Cal. sI1; Blanek Y.
Pauseh. us III. so: Laurent Y. State.
Kas- S1S.
Upon the overwhelming weight Of
authority. as wen as from the Organic
Act itself. it seems TO me plain that
the word citizen" cannot be limited
to those who have the right OF suf-
frage, but also includes women and
lehlldren, who. by birth or nxturaliEa-