The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-06
RIGHTS OF
OUR CHINESE
If Born Here They
Go to and From
Mainland.
THE SAME IF
NATURALIZED
An important Ruling on a Much.
Mooted Case by the I'M
migration Bureau.
The following is from the Call:

The following is from the CALI
Port Collector Stratton received an
Ioficial communication yesterday from
1.-THE immigration Bureau at Washington
to the effect that all the native and nat
Iuralized citizens of the Hawaiian Is
lands, irrespective of race color or pre-
vious condition of servitude, are citi-
zens of the United States. and that the
wives and children of such, although
laliens, become citizens and acquire the
political status of. the father and the
right to visit and reside in the United
States, exclusion acts and immigration
laws to the contrary Notwithstanding
The opinion was called forth by Col
Hector STATIONS action in the matter
of the application of two Chinese sail
ors on the ship John Currier for adj
mission to the United States, on the
ground that they We're natives of the
Hawaiian Islands. They failed to es
tablish their claim to the satisfaction
| of the Collector and they were denied
| a landing. In his report to the Secre-
tary of the Treasury, Collector STRAIT
| ton stated that even if the applicants
| had proved that they were natives of
| Hawaii he would not have allowed
them to land, they being of the Chi
nese race. He asked whether in such
| a contingency the department would
sustain his action.
COMMISSIONERS OPINION.
The following reply arrived by mail
yesterday morning, dated Washington,
March %:
THE bureau acknowledges the re-
raint of lattpr of fbp 18th inst
propounding a question of law in con-
nection with your action in refusing
permission to land at your port to two
Chinese sailors who asserted that they
were native born Hawaiian citizens. In
the particular case referred to you state
that their application was refused upon
the ground that they did not present
sufficient proof of the facts alleged by
them in support of their claim but
that had such facts been clearly shown,
while not clear upon the point, you are
rather inclined to the belief that such
not be admitted into the United States
under the provisions of section 4 of the
act of Congress, approved April 80, 1900,
which prescribeS a form of government
for the Territory of Hawaii.
This issue has heretofore been rails
ed by the Collector of Customs at the
port of Honolulu, H. T., and, in the alb
sence of any judicial ruling thereon,
was referred to the honorable the At
torney General of the United States.
I'm response to said reference an ad-
ministrative ruling was returned on
January IS of the current year to the
effect that Hawaiian born persons of
hn Chinpca no ait
zens of the Republic of Hawaii, under
the section of the act of April 80, 1900,
above referred to, are made citizens of
the Territory of Hawaii and of the
United States. Said opinion is hereto
appended for your information. Re
spectfully. F. H. HARMED,
Acting Commissioner General"
HISTORICAL PRECEDENTS
The questions determined by the
opinion of Attorney General Griggs re-
ferred to are as follows:
1. Whether person born in the Ha-
waiian Islands in 1885 of Chinese par
ents 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
a Chinese person, who was naturalized
in 1887 in Hawaii and still resides there,
are entitled to enter that Territory by
virtue of the citizenship of the hus
band and father?
Mr.. Grigg's opinion goes on to say
the Constitution of the Republic of Ha-
wall 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 so, 1900, providing a government
for the Territory of Hawaii, declared
that "all persons who were citizens of
the Republic of Hawaii on August u,
1898, are hereby declared to be citizens
of the United States and citizens of
the Territory of Hawaii"
The treaty of the cesson of Louisiana
and the treaty with Mexico and the
Alaska treaty are quoted as fllustra-
lions of the taking in as citizens of the
United States of the natives and citi-
zens of coded and conquered territory.
There is one exception, and that is the
BIZ! to provide a government for Porto
RIO. The bill as originally introduced
in congress declared that all the inhab-
itantS of Porto Rico, with certain quail
iticatipn and exception, shall be deem
ed and held to be citizens of the United
States" This provision was stricken
out before the bill became law.
The sport of boxing is finding much
FAVOR IN Honolulu, and the musical