The Hawaiian gazette., 1906-12-26
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
It's contention endcavored 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, U. s. District Attorney
'reckons prosecuting and Judge Stan
ley defending the girl, who is quite a
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, n Chinese merchant, is n cit
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 n Government for
the Territory of Hawaii approved
April 80, 1900, wherein it is provided
by section that all persons who were
citizens of the Republic of Hawaii on
August IL, 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 ju-
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. Any 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
ms 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 Orientals,
japanese and Cinnamon should become
American citizens is an open and de-
batable question that the press, Con-
grcss, 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
hat such legislation would be unwise
md destroy her chances for Statehood
IS 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 shall take
It the proper time and in the proper
place L shall not announce from my
eat as U. s. Commissioner For this
Territory. A man because he exercises
judicial functions is not precluded from
laving pronounced opinions upon So
ial and political questions. Yet the
'ench is no place for him to air his
Jews.
] can not but say that this particular
'hinese-American citizen, under the
violence in this case, has allowed his
aughter to reach the age of Is with
ut affording her the means to learn
D read or write; the value OF such n
ian as citizen can be estimated and
ound by those interested in this great
'cial and political problem. / am not
ere to try him for neglect of the high
htes that citizenship imposes, but /
m amazed at his utter disregard of
lrental duty if his story is true, as
ntailed by him under oath this day. 1t
~ not been established by prepond-
'ance of evidence that this girl is now
nlawfully within the limits of the
nited States, and my plain duty is to
smiss this case and to discharge her
ON custody, and she is free to depart
ON this court as soon as place the
der for her release in the hands of
o United States Marshal