The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-12-22
JUDGE DAVIS FREES
MIND ABOUT POLITICS

Lee Yau, alleged by the United
States authorities to be the wife of
zee Chin of Wo Sing & Co, but claim
ed by zee Sing to be only his daugh-
ter and whom the United States on
its contention endeayored to have de-
ported as being unlawfully in the Ha-
waiian Islands, gained her freedom
yesterday afternoon. The case came
up before U. S. Commissioner George
A. Davis, T. S. District Attorney
Breckons prosecuting and Judge Stan
ley defending the girl, who is quite
comely Chinese maiden. Judge Davis
found the preponderance of evidence
insufficient to hold the girl. In giving
his opinion Judge Davis also had occa-
sion TO give vent to remarks anent any
Judge making an address regarding
politics from the bench. His opinion
and remarks were as follows:
1t appears that the alleged father of
this girl, a Chinese merchant, IS cat
izen of the United States, having de-
come one by virtue of the provision of
the Act of Congress of the United
States to provide a Government for
the Territory of Hawaii, approved
April 80, 1900. wherein it is provided
DN Section IHdt dil peISonS WIZ "CiO
citizens of the Republic of Hawaii on
August y, 1898, are hereby declared to
be citizens of the United States and
| citizens of the Territory of Hawaii. As
to the wisdom of this provision my jul
dicial position and desire to maintain
the dignity of my office and what IS
clearly required of me by judicial eth
les, forbids me to express an opinion on
the question. Congress has passed the
law. All / am called upon to do is to
interpret and construe it. Amy judi
cial officer who so far forgets himself
and the duties imposed upon him by
his high calling as to be constantly ex-
pressing opinions upon political ques-
tions while on the bench, leaves him
self open to the suspicion that he
takes advantage of his position to keep
his name before the public and to be
talked about as an oracle. 1t seems
to me that such conduct is highly I'M
proper. Whether or not OrIentais,
Japanese and Cinnamon should become
American citizens is an open and de-
batable question that the press, Con-
gress, politicians and voters should
discuss in the appropriate forum.
Public opinions as to. the wisdom of
passing laws to grant them the right
to become citizens is divided in this
Territory. There are those who wish
to make Hawaii an American Terri
tory. There are those who wish to
made Hawaii an American Territory in
fact as well as in name, who believe
that such legislation would be unw1se
and destroy her chances for Statehood
as well as to hamper and crowd the
Americans who are now here so as to
make it an undesirable place to live in.
Which side of the question l shall take
at the proper time and IN the proper
place [ shall not announce from my
seat as q. S. Commissioner for this
Territory. A man because he exercises
judicial functions is not precluded from
having pronounced opinions upon So
cial and political questions. Yet the
bench is no place for him to air his
views.
[ can not but say that this particular
Chinese American citizen, under the |
evidence in this case, has allowed his |
daughter to reach the age of Is with |
out affording her the means to learn
to read or write; the value OF such a |
man as citizen can be estimated and |
found by those interested in this great |
social and political problem. / am not |
here to try him for neglect of the high |
duties that citizenship imposes, but |
am amazed at his utter disregard of !
parental duty if his story is true, as
detailed by him under oath this day. 1t |
has not been established by prepond-
erance of evidence that this girl is now
within the limits OF the
United States, and my plain duty IS TO
dismiss this case and to discharge her
from custody, and she is free to depart
from this court as soon as I place the
order for her release in the hands of
the United States Marshal.