Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-12-21
lAu WEE FREE
Continued from PAGE ii


nation held in the District Attorneys
Office.
L. y. Marshal Iiendry testified as To
his arrest of zee Lar at the Wo Sing
store. He stated that her living room
was furnished In European style and
well furnished.
Attorney Breckons also testified.
Judge Davis delivered the following
opinion:
1t appears that the alleged father Of
this girl, u Chinese merchant, Is "A cit.
izen of the United States, having be-
come one by virtue of the provision OF
the act of Congress of the United States
to provide a Government for the Ter
ritory of Hawaii, approved April 80,
1900, where Ia 1t Is provided by section
4 that all persons who were citizens Of
the Republic of Hawaii ON August H.
1898, are hereby declared to be citizens
of the United States and citizens of the
Territorr of Hawaii As TO the wisdom
OF this provision my judicial position
and a desire to maintain the dignity OF
my office and what Is clearly required
Of me by judicial ethics. forbids me 10
express an opinion On the question.
Congress has passed the law. All /
am called upon to do IL to interpret
and construe II. Any judicial officer
who ~ far forgets himself and the
duties imposed upon him by his high
calling as to be constantly expressing
opinions upon political questions while
on the Bench. leaves himself open to
the suspicion that he takes advantage
OF his position to keep his name before
the public and to be talked about as
conduct is highly improper, whether
or not orientals, Japanese and China.
men. should become American citizens,
is an open and debatable question that
the press, Congress, politicians and vot-
ers should discuss In the appropriate
forum. Public opinion as to the wis
dom 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 Ter
ritory. There are those who wish to
make Hawaii an American Territory In
fact AZ well as IN name. who believe
that such legislation would be unwise
and destroy her chances for Statehood
as well as to hamper and crowd the
Americans who are now here 80 as to
make II an undesirable place to live In.
Which side of the question | shall take
at the proper time and In the proper
place shall not announce from my
seat as Y. S. Commissioner for this
Territory. A man because he exercises
judicial functions Is not precluded from
having pronounced opinions upon
social and political questions. Yet the
Bench IL no place for him to air his
views.
cannot 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.
ort aifording her the means to learn
to read or write: the value of such u
man as a citizen can he estimated and
found by those interested In this great
'o'"' anu poiit''ui pIooieill' am nOl
here to try him for neglect of the high
duties that citizenship imposes, but /
am amazed at his utter disregard OF
parental duty II his story is true. as
detailed by him under oath this day. Il
has not been established by prepond-
GRANGE OF Evidence that this girl is now
unlawfully 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 place the
order for her release In the hands OF
the United States Marshal
GEO. A. DAVIS,
u S. Commissioner.