Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-10-26
Important Opinion Is
Given By Office Of
Attorney.Ge
Citizenship RIGHTS
CHANGED BY MARRIAGE
WIFE OF AN ALIEN OWES ALLIE
GLANCE TO SAME SOvER.
EIGN POWER As DOES
HER HUSBAND


A Hawaiian woman. married 10 n
Chinese cannot take up government
land for herself or her husband. This
is the gist Of an opinion written BY
Deputy Attorney General +. w. Milver.
ton at the request Of Land Commission.
er Pratt.
According to the United States laws
an alien cannot take up q homestead
or acquire lands under purchase leases.
The question has come up several times
If woman, who has married Chi
nese. can take up land herself, virtual
ly for her husband, who. being an
alien. has not this privilege. That Is.
whether the marriage of Hawaiian
woman to an alien deprivcs her OF her
rights OF United States citizenship and
makes her subject Of the Chinese
emperor or whether she retains all the
rights and confers them on her hus-
band
Mr.. Milverton states that under the
present rulings the marriage Of cit
izen woman to an alien constitutes an
act Of repatriation and the woman
takes the rights of her husband as re-.
CARDS citizenship.
The fact that numerous marriages
have boon made between Hawaiian wo-
men and Cinnamon with the purpose
on the part Of the latter OF acquiring
land through their wives, is well known
in this city but under the opinion from
tho Attorney Generals Office the Land
Commissioner will allow this practica
no longer and thore will probably be
fewer International marriages In this
city.
The opinion In full says:
October 90. 1906.
OPINION NO. $50.
In re. Right Of certain persons to ac'
Quire lands under right Of pur'
! chase leases.
Honorable James w. Pratt. Commits
sioncr Of Public Lands. Honolulu
T. IL.
Dear Sir:-In response to your com
munication Of the 18th inst, In which
you inquire as to whether certain per
sons therein named have the right Il
acquire lands of the Territory Of Ha
wall under right Of purchase leases,
Nuuiu huNIsC yOu 10 toitbWS.
The first person mentioned by you
Tam Mau Hin (k), II appears was borl
In Hawaii Of a Chinese father and
Hawaiian mother The Iith amend
mcnt to the Constitution Of the Unite
States provides In Section I. that al
persons born or naturalIzcd In tn
United States and subject to the juris
diction thereof, are citizens of tn
|, United States and Of the State wherei
they reside. This clause Of the con
stitution has been construed In mum
Der OF cases. particularly with rcfcrenc
10 the children of Chinese parents Dor
within the United States. The la,
seems to he well settled that chill
born In the United States of parents d
Chinese descent who. at the time Of hi
birth are subjects Of the emperor q
China, hut have a domicllc and resi-
dencc In the United States and ar
there carrying on business. and ar
not employed In any diplomatic or al
fetal capacity under the Emperor Q
China. becomes ut the time Of his Dirt
a citizen Of the United States by virtu
Of the clause Of the Constitution abov
referred to.
Section 4 Of the Organic Act pre-
vides AS follows:
That all persons who were citizen
Of the Republic of Hawaii on Augu!
u. 1898. are hereby declared to he eli
liens of the United States and citizen
Vt the Territory of Hawaii"
In constituting this provision, our ow
Federal Court has held that Chimes
who were Hawaiian citizens on Angus
~, 1895. by either birth or naturalizs
ton. whether under the monarchy G