The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-08-13
EsTEE GIVES AN IMPORTANT
DECISION.
Ali Chinese Born Here, Under Any Of
The Governments are Americans and
Entitled to Enter.

United States Judge Estee this morn
ing rendered a decision declaring that
all Chinese born in Hawaii, whether
under the monarchy or Republic or the
Territorial government, are American
citizens, entitled to enter now. The de-
cision was in the cases of Ching Tai Sal
and Ching Tai Sun, two brothers who
proved their birth here, but whose land
ing was opposed on the ground that,
having been born under the monarchy,
they were not entitled to recognition as
American citizens, under the provision
of the Organic Act that all citizens of
the Republic of Hawaii, are American
citizens. The decision goes much far
ther in it's effect than TO merly entitle
the Hawaiian born Chinese who have
left to re-enter the country, as it makes
American citizens of them all, regard
less of the nationality of their parents
and will add considerably to the Chi
nese voting population.
After reviewing the facts in the case
the defendants having left Hawaii 1C
years ago, the decision quotes the Or
ganic Acts provisions making Ameri-
can citizens of all citizens of the Re-
public and also the provision of the
constitution of the Republic of Hawaii
declaring all persons born or naturaliz-
ed in the Islands and subject to the
jurisdiction of the Republic are citi-
zens thereof. After referring to some
American decisions on the meaning of a
similar clause in the United States Con-
stitution Estee said:
"It would however not seem neces-
sary to go beyond the decisions of the
Supreme Court of the Republic of Ha.
wall as to the construction of this
provision of it's constitution. 1t has
been decided by that Court in the case
of a child born of British parents In
4 the Hawaiian Islands when the gov
ernment of the Islands was that of q
monarchy, and whose parents were Bri
tish subjects, and the birth of which
child had been registered at the British
! Consulate. that such child was subjec
to the jurisdiction of the country ant
was an Hawaiian subject and citizen
On the matter of the Application o.
George Macfarlane for a Writ of Man
damus, Vol. IL, Hawaiian Rep. Pagt
1907
There is no attempt in this case t.
show that these boys were other thai
sons of a Chinese laborer domiciled il
the Hawaiian Islands and a subject o
the Chinese Empire when they wer
born.
Upon an examination OF the Consti
tutions of the Kingdom of Hawaii an,
the laws thereof. I find nothing at tn
date of the birth of either of these boy
defining the status of children born o
aliens domiciled in the Hawaiian Isl
ands which would tend to throw an,
light upon the status of the defend
ants. And the rules of internationa
law would prevail in the absence of an
especial enactment in relation thereto
and the citizenship of the children fol
low that of the father, In this case
subject of China, if it We're not for tn
fact that the Constitution of Hawa
has provided in terms that all person
born or naturalized in the Islands an
subject to the jurisdiction thereof ar
citizens of the Republic'
1T seems clear to me that as to tn
question of citizenship that both tn
trainers of the Constitution of the re
public of Hawaii and of the Act of Cor
gress providing a government for tn
Territory of Hawaii (Section 4 thereof
intended to refer especially to the gee
graphical limits of the Hawaiian Is
ands, rather than to any political cor
1 ditions found here, and that Hawaiia
z and American citizenship was to be e0
tended to all persons born in these is
: ands, with the exception only of thoS
children born of persons engaged
! the diplomatic service of foreign gov
, ernments. such as ministers and an
bassadors whose reidence by a fictio
! of public law is regarded as part {
their own country
t "These defendants having prove
+. their birth in these Islands and not b.
: longing to the excepted persons aboN
t noted, under the law they are citizei
e of the United States and of this terri
: tory and as such entitled to remain.
r Let them be discharged from GU
+ "EsTEE,
Judge"