The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-26
MEANING OF
WORD "CITIZEN"
1t lnciu6es Women and Children
Subject to the United
States.

Territory OF Hawaii, Office OF the Attor-
ney General, Honolulu, H. l., April
25 1901
To His Excellency Sanford B. Dole, Gov
ernor of the Territory of Hawaii
Sir: I have the honor, at your request,
to submit the following opinion relative
to that portion of section So of the Or
ganic Act which provides that: 1.-THE
Legislature, at it's first regular session
after the census enumeration shall be as
certained, and from time to time there
after, shall reapportion the membership
in the Senate and House of Representa-
tives among the Senatorial and Repre-
sentative districts on the basis of the
population 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 Ter
ritory, and in a manner that Congress
probably did not contemplate; but when
a provision of the Organic Act is as plain
as the English language can make 1t
and is not in conflict with the Constitu-
ton of the United States, it cannot be
avoided by construction, whatever its
consequences may be.
tionment shall be ION the basis of the
population in each of said districts, who
are citizens of the Territory"
Section of the Organic Act declares:
THAT all persons who were citizens of
the Republic of Hawaii on August r.
1898, 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 Ha-
rati Tc1o r1Ic xxrho %1or
on or since August II, 1898, and all the
citizens of the United States who shall
hereafter reside in the Territory of Ha-
wall for one year shall be citizens of
the Territory of Hawaii
Sections co and g. of the Organic Act
declare: s.That in order to be qualified
to vote for Representatives a person
shall, first, be male citizen of the
United States; second have resided in
the Territory not less than one year pre-
ceding and in the Representative dis
trict in which he offers to register not
less than three months Immediately pre-
ceding 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 to be entered on the
register of voters for Representatives for
and write the English or Hawaiian Ian
guage.'
THAT in order to be qualified to vote
for Senators and for voting in all other
elections in the Territory of Hawaii
person must possess all the qualifications
and be subject to all the conditions re-
quired by this Act of voters for Repre-
sentatives."
From the foregoing sections 1t plainly
in 10 nIxy Of
several indispensable qualifications for
the right of suffrage, such as age, sex
and education in English and Hawaiian.
The reapportionment is required to be,
not according to the number of qualified
voters, but ION the basis of the popula-
ton in each of said districts who are
citizens of the Territory
A citizen is one who by birth, natural
ization or otherwise is a member of an
organized government, and, as such, is
subject to its laws and entitled to it's
protection in the enjoyment of civil or
private rights. Websters Dictionary,
Century Dictionary, Abrigo VS.. State, %
Tex. App. 149; Blanck VS.. Pausch, 113
Ill. go; Walsh VS.. Lallande, Is La Ann
1888; Lyons VS.. Cunningham, 66 Cal AZ;
State VS.. Fairlamb, 121 Mo. $780,
The possession of political rights is not
essential to citizenship. Minor vs.. Hap
persett. q Wall. 162; Lyons VS.. Cunning
ham. &c Cal. ~; Van Valkenburg vs.
Brown, 4S Cal. 40; People VS.. De La
Guerra, 40 Cal. 31f; Blanck VS.. Pausch.
11S III. 60: Laurent VS.. State, / Kas. 3d.
Upon the Overwhelming weight of au-
thority, as we'll as from the Organic Act
itself, 1t seems to me plain that the
word citizen cannot be limited to those
who have the right of suffrage, but also
includes women and children. who, by
birth or naturalization, are subject to
the laws of the United States and of the
Territory Of Hawaii and entitled to the
proection of the laws of the United
States and of lie Territory of Hawaii
/ have the honor to be, sir. with great
respect, your obedient servant,
E. P. DOLE,
Attorney General.