Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-05-16
LEGAL Naturalization.
PITHY POINT RAISED BY
CIRCUIT JUDGE MATHEWMAN
OVER 1000 PERSONS INTERESTED
IN MATTER-hAvE VOTED
BUT PERHAPS H.
LEGALLY.


been raised by Judge Matthewman OF
the Circuit Court at Hilo which in
wolves the legality Of the naturaliza.
ton of not less than 1000 citizens of
Hawaii.
In effect, the matter Of the legality
of almost every man who has been
Eaturalized since annexation, In the
Circuit Courts of the Territory is made
q matter Of doubt by the point raised.
The United States statutes, section
PIGS, provide that a man Of foreign
birth seeking to become a citizen Of
this country, shall declare on oath.
before a circuit or district court Of the
United States, or a district or Sup
rene Court Of the Territory, or court
OF record Of any State having common
law Jurisdiction and clerk and SEAL
his intention to renounce his alleg.
lance to any foreign prince or poten.
tate, and all the rest Of 1t In the legal
verbiage.
In the selection Of jury at the last
term Of the court in Kailua, Judge
Matthewman raised the point that
there was nothing in the law to pro.
vide for naturalization by courts con.
stituted as the Circuit Courts Of the
3 Territory are. In all other Territories.
the Circuit Courts are made up after
the pattern of the Circuit Court of the
United States, somewhat. That is to
say, the judges of the Circuit Courts
in banc, constitute the Territorial Sup.
RENE Court. The Justices Of the Sup.
RENE Court. as every lawyer and most
lay Americans know, go on circuit for
a part Of the year, and sit in the dis.
tricts Of their several circuits with the
district and circuit judges.
There was nothing analogous to this
in the Hawaiian system. although cir
cult Judges are called to sit in the
Supreme Court in case Of the absence
or temporary disqualification of sup
rene judges.
Now, there Is no question that the
Territorial Supreme Court has power
t. naturalize under the statute in part
quoted above. Neither, of course, is
there any question of the power of ths
United States District Court. But the
United States District Court, It is said
has admitted only about 20 citizens
whereas the Territorial Circuit Courts
being much more convenient to a great
many inhabitants, have admitted abou
1000 voters to citizenship. II the con
tention of Judge Matthewman holds
all Of these men have been Illegal.
admitted, have cast illegal votes a
elections in the past, and some Of then
: have held Office illegally-although, o
course, all this has been done innocent
ly. One District Magistrate. Georg
: Clark, of North Kona, has been on tn
!. bench for two terms, his second tern
l Just expiring, and yet he was natural
lied by the Territorial Circuit Court.
1t is a question, Of course, for law
: yers. The United States statute upo
the point having been passed in $50;
was on the statute books before Hawai-
was thought Of, and before any TeI
ritory now existing was organized. ]
this particular feature. 1t has neve
been amended. But it Is questionable
, whether, even II the law should b
= strictly construed. anything woul
invalidate acts done by men who ha
violated the law innocently, acting !
all good faith.
J. 81 think you would find that II
courts have construed the naturaliz
u ton law literally, and rather with
J. view to its intent than anything else
" said a well-known attorney. "The d
y cisions all run that way. There is OF
y even holding that city magistra
r. had power to naturalize. But Of cour
| am not familiar enough with the CT
10 cumstances under which Judge Ma
u thewman made his ruling to spe,
. upon 1t off-hand. In my opinion. Il
= intent Of the law was to have natur'
y. ization done by courts wherein reco
~ Of the transactions could be preserve
- and It would probably be held that
M was sufficient. The Territorial Giro,
Courts are courts Of cord."-TribuI
CD