Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-02-09
STATUS OF CHINESE
DETAILS OF The OPINION
BY The ATTORNEY GENERAL
Organic Act Made no Discrimination
When it Made Citizens Of Ha-
wall Full Pledged
Americans.
Especial Correspondence

General In ruling upon the rights of
Chinese in the Territory of Hawaii
gives in his letter to the Secretary of
the Treasury some important and inter
esting opinions.
The questions up on which the At
torney General gives his opinion are
as follows:
|. Whether a person born in the
Hawaiian Islands in 1885 of chinese
parents who are laborers, and taken to
China with his mother in 1890. is en-
titled to re-enter the Territory Of Ha-
wall where his father still resides.
2. Whether the wife and children OF
Chinese person. who are naturalized
IN 1887 in Hawaii and still resides
there. are entitled to enter that Terri
tory "by virtue Of the citizenship" Of
the husband and father?
Answering these questions he says:
I'm the first case the Chinese person
claims the right to enter the Territory
OF Hawaii because he Is a citizen Of
the United States and Of the Territory
of Hawaii by reason Of his birth in that
Territory; and in the second case the
| Chinese persons claim the same light
because the husband and father is a
citizen OF the United States and of the
Territory of Hawaii by force Of his
naturalization under Hawaiian laws.
The exact question Is whether Chi
nese person. born or natura!iled in the
Hawaiian Islands prior to the annexa-
ton of that Territory. is a citizen OF
the United States; for ! conceive that
there can be no doubt under existing
law of the right of a citizen OF the
United States and his wife and children
TO enter freely the Territory Of Ha-
wall.
Continuing. he says: THE Consti-
tuition of the Republic of Hawaii tsec.
/. art. 10 provided that All persons
born or naturalized in the Hawaiian
Islands and subject to the jurisdiction
OF the Republic are citizens thereof.
The act OF April 80. 1900 81 Stat. liD,
providing a government for the Terri
tory OF Hawaii, declared (sec. A. that
all persons who were citizen of the
Republic OF Hawaii on August II. 1898,
are hereby declared to be citizens of the
United States and citizens Of the Ter
ritory of Hawaii This discussion
grants. as | understand II. that the
two Chinese persons whose personal OF
| family rights are in question, were citi-
zens of the Republic of Hawaii on the
crucial date, and does not require fur
Their to scrutinize and to determine
their status under the constitutions and
laws OF that Republic
In conclusion the Attorney General
states: with respect to the Intention
Of Congress in the present case, | can
not conceive that there is any doubt
The language of the Hawaiian Act Csec
a is that all persons who are citi'
zens Of the Republic of Hawaii on Au
gust IL, 1900 dlN h'i'bs ''''"''' - -
citizens of the United States and citi
zens of the Territory of Hawaii This
language is positive and unqualified
and leaves nothing to construe. Con
gress knew the situation in the Hawa
Ian Islands as well as the citizens II
this country, and understood the law'
of the former Republic which wer'
continued. repealed or subjected Il
amendment. respectively.
1T is worthy of remark in this con
nection that sec. of this bill to pro
vide government for Porto Rico. a
introduced, declared that all the In
habtants of the island, with certail
qualification or exception. shall b
| deemed and held to be citizens of tn
United States This provision wa